11102. Misbranding- of toast and. tea rusk. U. S. v. 86 Cases of Famous?
American Toast and 00 Cases of Dutch Tea Rusk. Consent de??
crees of condemnation and forfeiture. Products released under?
bond.     (F. & D. No. 15630.    I. S. Nos. 3102-t, 3103-t.     S. No. C-3323.')
On November 23, 1921, the United States attorney for the Southern District?
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district libels for the seizure and?
condemnation of 90 cases of Dutch tea rusk and 96 cases of Famous American?
toast, remaining unsold at Cincinnati, Ohio, consigned by the Michigan Tea?
Rusk Co., Holland, Mich., between the dates of September 24 and October 21,?
1921, alleging that the articles had been shipped from Holland, Mich., and trans??
ported from the State of Michigan into the State of Ohio, and charging mis??
branding in violation of the Food and Drugs Act, as amended. The articles?
were labeled in part, respectively : " Dutch Tea Rusk * * * Contents Aver??
age 12 Rusks 7 Ounces * * * Made by The Michigan Tea Rusk Co. Holland?
Mich.; " " Famous American Toast    *    *    *    Net Weight 5 Ounces."
Examination of samples of the articles by the Bureau of Chemistry of this?
department showed that the packages contained less than the quantity declared?
on the labels.
Misbranding of the articles was alleged in the libels for the reason that they?
were contained in packages on which the quantity of the contents was not?
plainly and conspicuously marked.
On December 7, 1921, the Michigan Tea Rusk Co., Holland, Mich., claimant,?
having admitted the allegations of the libels and consented to the entry of?
decrees, judgments of condemnation and forfeiture were entered, and it was?
ordered by the court that the products he released to the said claimant upon?
payment of the costs of the proceedings and the execution of bonds in the?
aggregate sum of $1,000, in conformity with section 10 of the act, conditioned?
in part that the products be relabeled to the satisfaction of this department.
C. W. PUGSLEY. Acting Secretary of Agriculture.