374. Misbranding of Sun Dried Nova Scotia Dulse. U. S. v. Gus E. Sjoberg
(Coffin Fish Co.). Plea of nolo contendere. Fine of $150 on count 1.
Imposition of sentence suspended on count 2 and defendant placed on
probation for 9 months.    (F. D. C. No. 2094.    Sample Nos. 73116-D, 83523-D.)
The labeling of this product bore false and misleading representations regarding
its efficacy in the conditions indicated below.
On August 22, 1940, the United States attorney for the Western District of
Washington filed an information against Gus E. Sjoberg, trading as the Coffin Fish
Co. at Seattle, Wash., alleging shipment on or about August 23 and December 27,
1939, from the State of Washington into the States of California and Oregon of
quantities of dulse that was misbranded. It was labeled in part: "Sun Dried
Nova Scotia Dulse * * * Imported and Packed by Coffin Fish Co. Seattle,
U. S. A."
Examination showed that the article was a dark brown vegetable material,
apparently dried seaweed.
The article was alleged to be misbranded in that representations on the cartons
and in the circulars that it would be efficacious in the treatment of goiter and con-
stipation ; would be efficacious for preventing scurvy; would be efficacious in the
prevention of all diseases of the thyroid; would maintain resistance of the body
to infection ; would be efficacious as a stimulant and benefit to the stomach; would
have a wonderfully soothing effect in cases of intestinal flu, colds in the throat
or lungs; and that physicians would advise the use of the article in all troubles
resulting from an insufficient daily supply of iodine, were false and misleading
since it would not be efficacious for the said purposes and since physicians would
not advise its use in all troubles resulting from an insufficient daily supply of
iodine.
On December 20, 1940, a plea of nolo contendere having been entered by the
defendant, the court imposed a fine of $150 on count 1. Imposition of sentence
was suspended on count 2 and the defendant was placed on probation for 9 months.