NOTICE OF JUDGMENT NO. 975, FOOD AND DRUGS ACT.
MISBRANDING OF " FIGPRUNE CEREAL."
On or about July 12, 1910, the Figprune Cereal Company, San 
Jose, Cal, shipped from the State of California into the State of 
Minnesota 35 cases of a food product labeled: " Pure grain and 
fruit. A blood maker; a health restorer; a brain feeder; a nerve 
preserver; trade mark registered. Figprune. Made of grain and 
fruit. A palatable meal-time drink. More satisfying than tea or 
coffee without possessing the detrimental effects of those beverages. 
A combination of natures products. Prepared by the Figprune Cereal 
Company, of San Jose, California, U. S. A." A sample of this ship- 
ment was procured, analyzed, and examined microscopically by the 
Bureau of Chemistry, United States Department of Agriculture, and 
the product was found to consist of wheat bran and figs and to 
possess no particular value as a nerve preserver, brain feeder, or 
health restorer. As it appeared from the findings of the analyst 
and report thereon that the product was misbranded within the 
meaning of the Food and Drugs Act of June 30, 1906, and was 
liable to seizure under section 10 of the act, the Secretary of Agri- 
culture reported the facts to the United States attorney for the 
District of Minnesota.
In due course a libel was filed in the District Court of the United 
States for said district against the product involved in the above 
shipment, charging said shipment and alleging the product to be 
misbranded because it was labeled as above set forth, which label 
was such as to mislead and deceive the purchaser, as the product in 
question had no value as a nerve preserver, brain feeder, or health 
restorer. The libel also prayed seizure, condemnation, and forfeiture 
of the product.
125°—No. 975—11
On March 27, 1911, the cause came on for hearing, and the court 
being fully informed in the premises issued its decree finding the 
product to be misbranded as alleged in the above libel, and condemn- 
ing and forfeiting the same to the use of the United States, with the 
proviso, however, that said merchandise should be delivered to the 
above-mentioned Figprune Cereal Company at San Jose, Cal., upon 
the payment of all the costs of these proceedings and the execution 
of a good and sufficient bond in the sum of $200, conditioned that 
the product in question should not be sold or otherwise disposed of 
contrary to law. The costs having been paid by said company and 
bond furnished in accordance with the terms of the above decree, 
the product in question was released to said claimant.
This notice is given pursuant to section 4 of the Food and Drugs 
Act of June 30, 1906.
JAMES WILSON, 
Secretary of Agriculture.
WASHINGTON, D. C, June 20,1911.
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