579. Misbranding: of Listing and Bekns Puddy.    V. S. v. 19 Gases of Lishus and
18 Cases of Bekns Paddy.   Default decree of condemnation and destruc-
tion.   (F. D. C. No. 4043.   Sample Nos. 55692-E, 55693-E.)
On April 7, 1941, the United States attorney for the District of Oregon filed a
libel against the above-named products at Portland, Oreg., alleging that the ar-
ticles had been shipped in interstate commerce on or about January 13, 1941, by
Dr. Jackson Foods from Brooklyn, N. Y.; and charging that they were misbranded.
Analyses of samples of the articles showed that they consisted essentially of
flaxseed, rice, rice polishings, wheat, and wheat bran.
Both articles were alleged to be misbranded (1) in that the statement on the
carton, "If troubled with Acid Stomach or fermentation, etc., do not use sugar,-
Cook raisins or dates in with the cereal if sweet is required," was false and mis-
leading since with or without raisins or dates they did not constitute an adequate
treatment for acid stomach, fermentation, etc.; (2) in that the pictures of a
robust man accompanied by the legends "Dr. Jackson at 80," and "Photo of Robert
G. Jackson, M. D., at 60," were false and misleading since use of the articles
could not be depended upon to produce or maintain robustness; and (3) in that
statements appearing in a leaflet entitled "Service Bulletin #13," which repre-
sented that they were especially designed to relieve constipation and get rid of
its cause by natural means; that it would furnish sufficient roughage to stimu-
late muscular activity of the bowels and that it would furnish enough minerals
. to stimulate and support nervous control of those muscles and keep them on the
job until the waste had been discharged; and cause three to five evacuations a
day in a person ordinarily having but two movements a week, were false and
misleading since the articles would not be efficacious for such purposes.
Lishus was also alleged to be misbranded further under the provisions of the
law applicable to foods, as reported in F. N. J. No. 2995.
On May 13,1941, no claimant having appeared, judgment of condemnation was
entered and the product was ordered destroyed.