21944. Misbranding of Krimp Rol Wheat,     U. S. v. 15 Cases of Krimp Rol
Wheat. Consent decree of condemnation and forfeiture. Prod- 
uct ordered sold, unless taken down under bond for relabeling.
(F. & D. no. 31780.    Sample no. 50870-A.)
This case involved an interstate shipment of a breakfast cereal the label 
of which bore unwarranted health claims.
On January 2, 1934, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 15 cases of Krimp Rol 
Wheat at Cheyenne, Wyo., alleging that the article had been shipped in inter- 
state commerce on or about July 15 and November 1, 1933, by F. W. Zweig 
& Son, from Fort Collins, Colo., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: " Zweig's 
Krimp Bol Wheat * * * Krimp Rol is a special blend of two kinds of 
Colorado Grown Wheat."
It was alleged in the libel that the article was misbranded in that the fol- 
lowing statements on the cartons were false, fraudulent, and misleading, and 
deceived the purchaser, since the article did not have any curative or thera- 
peutic effect, and was wholly devoid of any medicinal qualities or beneficial 
effect other than would result or be obtained from any ordinary kind of food: 
" Body building * * * Contains all of the minerals and natural foods 
necessary to the health and vigor of the human body * ¦* * For those who 
want to keep well * * * For those who are trying to regain health and 
vigor * * * Modern Health Food It is especially recommended as a diet 
food for people suffering from nervousness undernourishment intestinal or 
stomach trouble, kidney ailments, chronic constipation and many blood dis- 
orders It not only aids in curing these ailments but helps to prevent them 
*    *    *    For Health."
On January 12, 1934, F. W. Zweig & Son having appeared as claimant for 
the property and having consented to the entry of a decree, judgment of con- 
demnation and forfeiture was entered. The decree provided that the product 
might be released to the claimant upon payment of costs and the execution of 
a bond in the sum of $100, conditioned that it be relabeled, otherwise that it 
be sold by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.