20515. Misbranding and  alleged Adulteration of strawberry cream  sandŽ
wich and strawberry cream biscuits. TI. S. v. LiOose-'Wiles Biscuit 
Co. Tried to Jury. Adulteration charges dismissed. Verdict for 
the Government on niisbrandingr charges.    Fine, $600.     (F. & D. no.
27491.    I. S. nos. 9717, 027784, 30299.)
This case was based on a shipment of bakers' products described as " Straw- 
berry Cream Sandwich " and " Strawberry Cream Biscuits "-, which consisted 
of cakes containing an artificially colored and artificially flavored substance as 
a filler.    The articles contained no true strawberry flavor.
On April 28, 1932, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid an information 
against the Loose-Wiles Biscuit Co., a corporation, Long Island City, N.Y.. 
alleging shipment by said company in violation of the Food and Drugs Act 
on or about January 20, 1930, March 23, 1931, April 25, 1931, and May 2, 1931. 
from the State of New York into the States of New Jersey, Maryland, and 
Pennsylvania, respectively, of quantities of strawberry cream sandwiches and 
strawberry cream biscuits that were misbranded. The articles were labeled in 
part: " Strawberry Cream Sandwich Delicious Shortcake Encasing Delight- 
fully Flavored Velvety. Strawberry Cream * * * Artificially Colored and 
Flavored"; and "Strawberry Cream (Artificially Colored and Flavored) 
English Style Biscuits * * * Loose-Wiles Biscuit Company Address New 
York N.Y."
The information alleged that the articles were adulterated in that a product 
artificially colored and flavored and which contained no strawberry had been 
substituted for strawberry cream sandwiches and biscuits.   Adulteration was
alleged for the further reason that the articles were inferior to strawberry 
cream sandwiches and biscuits and were artificially colored and flavored in a 
manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statements, " Strawberry 
Cream Sandwich " and " Strawberry Cream Biscuits", borne on the package, 
were false and misleading, and for the further reason that the articles were 
labeled so as to deceive and mislead the purchaser, since the statements repre- 
sented that the articles consisted of strawberry cream products, whereas they 
consisted of artificially colored and artificially flavored products that contained 
no strawberry. Misbranding was alleged for the further reason that the 
articles were artificially colored and artificially flavored products that con- 
tained no strawberry, prepared in imitation of and offered for sale under the 
distinctive names of other articles.
On November 30, 1932, the case came on for trial before the court and a 
jury. The Government introduced evidence, at the completion of which the 
defense moved that the case be dismissed. The court granted the defendant's 
motion with respect to the adulteration charges. The case was submitted to 
the jury on the misbranding charges, and a verdict of guilty was returned. 
A motion was made by the defendant for a new trial which was denied, and a 
sentence of $600 was imposed.   On January 30, 1933, the fine was paid.
R. G. TUGWELL, Acting Secretary of Agriculture.