13491. Alleged Misbranding of Protecto.    U. S. v. Bess J. Levine  (Miracle Food
Co.).    Plea of not guilty.    Tried to the court.    Verdict of not guilty.
(F. D. C. No. 23588.    Sample No. 41022-H.)
INFORMATION FILED: February 13, 1948, Eastern District of Pennsylvania, 
against Bess J. Levine, trading as the Miracle Food Co., Philadelphia, Pa.
ALLEGED SHIPMENT : On or about January 31, 1947, from the State of Pennsyl- 
vania into the State of Tennessee.
LABEL IN PART : "Protecto contains Milk Whey Powder, Malt Sugar 200,000,000 
of Acidurid Bacteria per 1 CO.   16 ozs.   *   *    *   Expir. date Apr. 2, 1947."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label statements "Con- 
tains * * * 200,000,000 of Acidurid Bacteria per 1 C.C. * * * Expir. 
date Apr. 2, 1947" were false and misleading, since the statements represented 
and suggested that prior to April 2, 1947, the article would contain not less 
than 200,000,000 acidurid bacteria per 1 cc, whereas the article on a date prior 
to April 2, 1947, namely, March 17, 1947, contained less than .4 percent of the 
acidurid bacteria represented.
The article was alleged also to be misbranded under the provisions of the 
law applicable to drugs, as reported in notices of judgment on drugs and de- 
vices, No. 2419.
DISPOSITION : A plea of not guilty having been entered, the case came on for trial 
before the court without a jury on the basis of the stipulation and briefs of the 
parties. On July 1, 1948, the court found the defendant not guilty. The 
opinion handed down by the court in pronouncing judgment is set forth in 
notices of judgment on drugs and devices, No. 2419.