16503. Misbranding of   Flavonut.    TJ.   S.   v.   Ed.   S.   Vail   Butterinc   Oo.     Flea
of guilty.    Fine, $100.     (F. & D. No. 23714.    I. S. No. 22001-x.)
On March 9, 1929, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the Ed. S. Vail Butterine Co., a corporation, trading at Chicago, Ill., alleging 
shipment by said company, in violation of the food and drugs act as amended, 
on or about February 21, 1928, from the State of Illinois into the State of 
Colorado, of a quantity of Flavonut which was misbranded. The article was 
labeled in part: " One Pound Net Flavonut * * * A Nut Product * * * 
' Ed. S. Vail Butterine Co., Chicago, Ill.
It was alleged in the information that the article was misbranded in that 
the statement, to wit, " One Pound Net," borne on the packages containing the 
article, was false and misleading in that the said statements represented that 
the packages each contained 1 pound net of the said article, and for the 
further reason that it was labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that the said packages each contained 1 pound net 
of the article, whereas they did not, but did contain a less amount. Misbrand- 
ing was alleged for the further reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package.
On May 8, 1929, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $100.
ABTHUB M. HYDE, Secretary of Agriculture.