10252. Adulteration and misbranding of candy.    U.  S. v.  Joe Franklin Myers
(Joe   Franklin   Myers   Industries).     Plea  of  nolo   contendere.     Fine, 
$100 on count lj imposition of sentence withheld on count 2.    (F. D. C.
No. 14298.    Sample No. 60938-F.)
INFORMATION FILED: On or about June 21, 1945, Northern District of Texas, 
against Joe Franklin Myers, trading as the Joe Franklin Myers Industries, 
Dallas, Tex.
ALLEGED SHIPMENT:   On or about June 12, 1944, from the State of Texas into
the State of Louisiana. 
LABEL IN PART: "Smile Sticks * * * net weight: 8 oz. or over." 
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, 
carotene (vitamin A), had been in whole or in part omitted or abstracted from 
the article, since it was represented to contain in each pound 800 or more 
U. S. P. Units of carotene, whereas it contained in each pound not more than 
50 U. S. P. Units of carotene.
Misbranding, Section 403 (a), the statement in the labeling of the article, 
"800 or more U. S. P. units of carotene (vitamin A) * * * to each pound," 
was false and misleading; and the label statement "Ingredients: * * * 
Vitamins A" was false and misleading since it represented and created the im- 
pression that the article would supply the user with substantial amounts of 
vitamin A, whereas the article would not supply substantial amounts of 
vitamin A, since 8 ounces of the article would supply not more than 1 percent 
of the minimum adult daily requirement for vitamin A.
Further misbranding, Section 403 (e) (1), the label of the article bore no 
statement containing the name and place of business of the manufacturer, 
packer, or distributor. Section 403 (j), the article purported to be and was 
represented for special dietary uses by reason of its vitamin properties in re- 
spect to vitamin A, vitamin Bi (thiamine), vitamin C (ascorbic acid), ribo- 
flavin (vitamin B2 and vitamin G), niacin, and pantothenic acid, and by rea- 
son of its mineral properties in respect to calcium, phosphorus, and iron; 
and its label did not bear, as required by regulations, a statement of the pro- 
portion of the minimum daily requirement of vitamin A, vitamin Bi, vitamin 
C, riboflavin, calcium, phosphorus, and iron, and a statement of the quantity 
of niacin and pantothenic acid, which would be supplied by the article when 
consumed in an amount customarily or usually consumed during a period of 
one day, or a quantity reasonably suitable for and practicable for consump- 
tion in such period.
DISPOSITION : June 21,1945. A plea of nolo contendere having been entered, the 
court imposed a fine of $100 on count 1 of the information charging adultera- 
tion and withheld the imposition of sentence on count 2 charging misbranding.