NOTICE OF JUDGMENT NO. 2568.
(Given pursuant to section 4 of the Pood and Drugs Act.)
U.  S.  v.  Kellogrg Manufacturing Co.   Plea  of guilty.   Flue, $15  and  costs.
ADULTERATION AND MISBRANDING OF RICE.
On October 15, 1912, the United States Attorney for the Southern 
District of Iowa, acting upon a report by the Secretary of Agricul- 
ture, filed in the District Court of the United States for said district 
an information against the Kellogg Manufacturing Co., a corpora- 
tion, Keokuk, Iowa, alleging shipment by said company, in viola- 
tion of the Food and Drugs Act, on or about November 16, 1911, 
from the State of Iowa into the State of Illinois of a quantity of 
rice which was adulterated and misbranded. The product was 
labeled: " This rice is finished by a coating of 1-smooth part of 
glucose and l-3000th part talc, which will be removed by washing. 
Gate City Brand Fancy Japan Style Rice K. B. Co. Trade Mark 
Gate City Grown in United States Packed by Kellogg Manufac- 
turing Company, Keokuk Iowa."
Examination of a sample of the product by the Bureau of Chem- 
istry of this Department showed it to be a very poor grade of 
domestic grown Japan style rice, coated with some preparation, 
presumably glucose and talc. It contained a large percentage of 
stack-burnt grains and also a lot of broken grains and was altogether 
of very inferior quality. Adulteration of the product was alleged 
in the information for the reason that a substance, to wit, a very 
poor grade of domestic rice, had been substituted wholly or in part 
lor the genuine article, to wit, fancy Japan style rice, and further 
in that it was coated in a manner whereby damage and inferiority 
were concealed. Misbranding was alleged for the reason that the 
product was labeled in large letters " Fancy Japan Style Rice " and 
in very small and inconspicuous letters " Grown in United States " 
and "this rice is finished by a coating of 1-lOOOth part of glucose 
and l-3000th part talc, which will be removed by washing," which 
form of labeling was misleading and false as it conveyed the impres-
11088 8—No. 2568—13
sion that the product consisted of a fancy Japan style rice, whereas 
examination showed it to consist of a very poor grade of domestic 
rice coated in such a manner as to conceal damage and inferiority. 
Misbranding was alleged for the further reason that the form of 
labeling deceived or misled the purchaser into the belief that he was 
securing fancy rice, whereas examination showed it to be a very 
poor grade of domestic rice; also the words " Grown in the United 
States" were so small and inconspicuous as to mislead or deceive 
the purchaser.
On April 14, 1913, the defendant entered a plea of guilty to the 
information and the court imposed a fine of $15 and costs.
B. T. GALLOWAY, 
Acting Secretary of Agriculture. 
WASHINGTON, D. C.3 September 10, 1913.
2568
o