(N. J. 96.)
MISBRANDING OF A CEREAL.
(AS TO QUALITY AND DIGESTIVE PROPERTIES.)
In accordance with the provisions of section 4 of the Food and Drugs?
Act of June 30, 1906, and of regulation 6 of the rules and regulations for?
the enforcement of the act, notice is given that on the 23d day of Febru??
ary, 1909, in the district court of the United States for the district of?
Connecticut, in a prosecution by the United States against the New Eng??
land Food Company, a corporation of South Norwalk, Conn., for vio??
lation of section 2 of the aforesaid act in shipping and delivering for?
shipment from Connecticut to Massachusetts certain packages of a food
product, labeled Nivara Cereal Food. Nivara is made from rice, wheat?
and barley malt, no sweetening or shortening. Mfg. by the New Eng??
land Food Co., South Norwalk, Conn. A wonderful property of Nivara?
is that it helps to digest other foods. It is a rich concentrated food,"?
which were misbranded within the meaning of section 8 of the act in?
that the cereal did not in fact have the property of helping to digest?
other food, and was not a rich concentrated food, the said New England?
Food Company having entered a plea of guilty, the court imposed upon?
it a fine of $10.
The facts in the case were as follows:
On March 16, 1908, an inspector of the Department of Agriculture?
purchased from the Henry Siegel Company, Boston, Mass., samples?
of a food product labeled as above stated. The goods were a part of?
a shipment made by the manufacturers, the New England Food Com??
pany, South Norwalk, Conn., to Henry Siegel Company, on or about?
September 10, 1907. A sample of the product was subjected to analysis?
in the Bureau of Chemistry of the Department of Agriculture, and the?
following results obtained and stated :
Water (per cent)?
?3.78
Ash (percent)?
?1.70
Fat (per cent)?
?.11
Protein (per cent)?
?12.31
Crude fiber (percent)?
?1.07
Carbohydrates by difference (percent)?
?81.03
Fuel value (calories per gram)?
3,977.72
It was evident that the article was not a rich concentrated food, and?
had not the property of assisting in the digestion of other foods, and was?
therefore misbranded within the meaning of section 8 of the act, because?
the statements on the label that "Nivara is a rich concentrated food "?
and "a wonderful property of Nivara is that it helps to digest other?
foods" were false, misleading, and deceptive.
The Secretary of Agriculture having, on August 11, 1908, afforded the?
dealer and manufacturer a hearing, and the dealer having established a?
guarant}? and the manufacturers having failed to show any fault or error?
in the aforesaid analysis, the facts were reported on January 29, 1909,?
to the Attorney-General, and the case referred to the United States attor??
ney for the district of Connecticut, who filed an information against the?
New England Food Company, with the result hereinbefore stated.
H. W. WILEY,?
F. L. DTJNLAP,?
Approved:?
Board of Food and Drug Inspection.
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, September 20, 1909.