21262. Misbranding of Brano Flakes. TI. S. v. Three Hundred and Thirty 
10-Pound Cases of Brano Flakes. Consent decree of condemna- 
tion and forfeiture.    Product released under bond for relabeling:.
(F. & D. no. 30605.    Sample no. 35373-A.)
This case involved a product which was labeled to convey the impression that 
it was composed of bran, but which was found to contain approximately 68 
percent of substances other than bran. The labeling of the article also Bore 
unwarranted curative and health claims.
On or about June 16, 1933, the United States attorney for the Northern Dis- 
trict of Illinois, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of three hundred 
and thirty 10-pound cases of Brano Flakes at Chicago, Ill., alleging that the 
article had been shipped in interstate commerce on or about January 14, 1933. 
by the W. K. Kellogg Co., from Battle Creek, Mich., and charging misbranding 
in violation of the Food and Drugs Act as amended.
It was alleged in the libel that the article was misbranded under the provision 
of the law applicable to food in that the statements, " Brano Flakes", and 
" Brano ", appearing in the labeling, were false and misleading and deceived and 
misled the purchaser. It was further alleged that the article was misbranded 
under the provisions of the law applicable to drugs in that the following state- 
ments on the package label, regarding its curative or therapeutic effects, were 
false and fraudulent, since it contained no ingredient or combination of ingredi- 
ents capable of producing the effects claimed: "An easy way to avoid constipa- 
tion. * * * Eat Kellogg's Brano Flakes daily for extreme cases. Eat it with 
every meal. * * * A corrective food for constipation. * * * It will assist 
greatly in the elimination of * * * poisons from the body. Office workers and 
persons of sedentary habits find in Kellogg's Brano Flakes the one food that 
their bodies need in order to keep them fit all the time. * * * Eat Brano 
for better health. * * * Medical authorities have long recognized the health- 
ful properties of bran in the treatment of chronic constipation. * * * Brano 
is also rich in certain good minerals which have a laxative effect on the system 
and at the same time strengthen and purify the blood, our body's great purifying 
media. Pills and cathartics can not and do not cure. They aggravate an 
already grave and dangerous condition. The only safe and sure way is to eat 
Brano every day and for chronic cases eat it with every meal. You will enjoy 
this delicious healthful food and at the same time it will build up and fortify 
the system against disease."
On June 28, 1933, the Kellogg Sales Co., claimant, having admitted the alle- 
gations 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 product be released to the claimant for relabeling under the super- 
vision of this Department, upon payment of costs and the execution of a bond, 
conditioned that it should not be disposed of contrary to the Federal Food 
and Drugs Act and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.