17269. Misbranding of biscuits and candy.    U. S. v. 37 Dozen Packages of
Biscuits, et al. Consent decree of condemnation and forfeiture. 
Products released under bond. (F. & D. No. 24730. I. S. Nos. 023640 
to 023644, incl.    S. No. 3080.)
On April 25, 1930, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying seizure and condemnation 
of 74 dozen packages of biscuits and 16 dozen packages of candy, remaining 
in the original unbroken packages at Denver, Colo., consigned by the Standard 
Biscuit Co., Des Moines, Iowa, alleging that the articles had been shipped from 
Des Moines, Iowa, in part on or about February 14, 1930, and in part on or 
about March 29, 1930, and had been transported from the State of Iowa into 
the State of Colorado, and charging misbranding in violation of the food and 
drugs act as amended. A portion of the said biscuits were labeled in part: 
(Shipping case) " Standard Biscuit Company. Sotastee Products, Etc. This 
package contains 24-2 pounds Butter Sodas Salted." The remainder of the 
said articles were labeled in part, variously: (Retail packages) "A Sotastee 
Product Honey Grahams Standard Biscuit Company, * * * Net Weight 
2 Lbs;" "S. B. C. Sodas * * * Standard Biscuit Company, Des Moines, 
Iowa. Net Weight 2 lbs. Salted;" " S. B. C. Sodas * * * Standard 
Biscuit Company Des Moines, Iowa, 3 lbs.;" " Old-Fashioned Sotastee Maid 
Chocolates 1 pound net weight.   Sotastee Made Studio."
It was alleged in the libel that the articles were misbranded in that the 
statements, "2 pounds," "Net Weight 2 lbs.," "3 lbs," and "1 pound Net 
Weight," as the case might be, borne on the labels of the products, were false 
and misleading and deceived and misled the purchaser. Misbranding was 
alleged for the further reason that the articles were food in package form and 
the quantity of the contents was not plainly and conspicuously marked on 
the outside of the packages, since the statements made were not correct.
On April 28, 1930, the Standard Biscuit Co., Des Moines, Iowa* claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the products be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $500, conditioned 
in part that they be relabeled under the supervision of this department.
ABTHTJB M. HYDE, Secretary of Agriculture.