F. & D. No. 3043.
S. No. 1114.	
Issued May 18, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1415.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF " NEW AMSTERDAM DUTCH RUSK."
On October 19, 1911, the United States Attorney for the Southern?
District of New York, acting upon a report from the Secretary of?
Agriculture, filed in the District Court of the United States for said?
district a libel praying condemnation and forfeiture of 68 cases of?
"New Amsterdam Dutch Rusk", in the possession of the American?
Pastry & Manufacturing Co., in the city of New York. The product?
was labeled: " New Amsterdam Dutch Rusk. A Delicious Milk and?
Egg Toast, Knickerbocker Biscuit Co., New York."
No analysis of said product was made by the Bureau of Chemistry?
of this Department. The libel alleged that the product, after trans??
portation from the State of Michigan into the State of New York,?
remained in the original unbroken packages and was misbranded in?
violation of the Food and Drugs Act of June 30, 1906, and was there??
fore liable to seizure for confiscation. Misbranding was alleged for?
the reason that the product was branded "Knickerbocker Biscuit?
Co., New York," which was a statement, design, or device regarding?
such article which was false and misleading-as to the State in which?
the said product was manufactured and produced, because in fact?
said product was manufactured and produced by the Michigan Tea?
Rusk Co., in the State of Michigan.
On December 16, 1911, the case coming on for hearing, and it ap??
pearing to the court that the American Pastry & Manufacturing Co.?
had filed their petition as claimants, and agreed by stipulation that?
a decree of condemnation and forfeiture might be entered, the court?
found the product misbranded as alleged in the libel and entered a?
decree condemning and forfeiting it to the United States, but with a?
proviso that the same might be released to the claimants upon the?
payment by them of all costs and the execution of a bond in the sum?
of $300 conditioned that said property should not be sold or other??
wise disposed of contrary to law, and should be relabeled in conform??
ity with the provisions of the Food and Drugs Act.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, February 16, 1912.
31766??No. 1416?12