6615. Honey.    (F.D.C. No. 44675.    S. No. 48-401 R.)
QUANTITY: 1,657 5-gal. cans unlabeled or bearing labels of no significance; 
67 5-gal. labeled cans; 292 cases, each containing 12 12-oz. btls.; 166 cases, 
each containing 6 5-lb. cans; 79 cases, each containing 12 32-oz. jars; 505 
cases, each containing 12 16-oz. jars; and 198 cases, each containing 24 8-oz. 
jars, at Denver, Colo., in possession of Superior Honey Co.
SHIPPED:    Between 1-5-60 and 6-22-60, from outside the State of Colorado.
LABEL IN PART: (Can) "Mountain Brand Honey White [or "Light Amber"] 
Quality" or "Superior Brand Pure Honey"; (btls.) "Pure Honey * * * 
Superior Honey Co." and "Honey Bear * * * Pure Honey"; (jars) "Superior 
Brand Honey" and "Superior Cone Honey * * * Southern Style."
ACCOMPANYING LABELING :   Books entitled "Folk Medicine   A Vermont Doctor's
Guide to Good Health, D. C. Jarvis, M.D." 
RESULTS OF INVESTIGATION :    The article in the labeled cans and in the bottles
and jars was repacked by the dealer from bulk stock shipped as described
above.    The above-mentioned books were used by the dealer in promoting
sales of the article.
LIBELED :   7-12-60, Dist. Colo.
CHARGE : 502(a)-while held for sale, the accompanying labeling of the article 
contained statements which represented and suggested that the article was 
adequate and effective for the treatment and prevention of arthritis, digestive 
disorders, belching, constipation, high blood pressure, chronic fatigue, head-
aches, including migraine headache, infectious diseases, including typhoid, 
bronchopneumonia, peritonitis, pleurisy, and dysentery, fungus diseases, heart 
disease, diabetes, insomnia, sterility, nervousness, tension, irritability, itching 
scalp and skin, numbness, cold hands and feet, dizziness, mental retardation, 
tooth decay, falling hair, breaking fingernails, hay fever, callouses and corns, 
slow healing of cuts and bruises, pimples, tio> cramps in muscles, blocked and 
swollen lymph glands, coughs, colds, sinus infection, infant colic, bed-wetting, 
hangovers, and alcoholism; to provide vigor, promote longevity, control and 
reduce weight without restrictions of diet; and to reduce or eliminate the 
difficulties of old age, which statements were false and misleading since the 
article was not adequate and effective for the treatment and prevention of 
the diseases, symptoms, and conditions stated and implied and was not capable 
of fulfilling the promises of benefit made for it. 
DISPOSITION: The Superior Honey Co., claimant, filed combined motions to 
dismiss the libel, to require the government to make the libel more definite 
and certain, and to strike the misbranding allegations from the libel. On 
12-23-60, the court denied the claimant's motions. On 4-27-61, the claimant 
having denied the allegations of misbranding in the libel but having consented 
to the entry of a decree, and the court having found that the article was 
misbranded as alleged, judgment of condemnation was entered. In addition, 
on the basis of claimant's representations to the court that it had discontinued 
the distribution of the book "Folk Medicine" at the time of the seizure of the 
article, and had at no time resumed distribution of the book; that it had no 
intention to engage in such distribution in Colorado or elsewhere; that it 
intended to sell its honey products only as a food; that it would not directly 
or indirectly promote the sale of its honey products through any suggestion 
that such products were useful in the treatment or prevention of ailments 
or diseases; and that it had turned over to the United States marshal all 
copies of the book "Folk Medicine" which it had in its possession, the court 
ordered that the honey products under seizure be released under bond to be 
brought into compliance with the law.