21177. Misbranding of  Dennos  Food.     U.   S.  v.  70  Small  Cans,  et  al.,  of
Dennos Food.     Default decree  of condemnation, forfeiture, and, 
destruction.     (F. & D. no. 30698.    Sample nos. 23378-A, 23379-A.) \
This case involved an interstate shipment of a product known as Dennos 
Food, the labeling of which bore unwarranted curative and therapeutic claims. 
The labeling of the article also bore false and misleading claims that it would 
make cow's milk digestible and supply the body with vitamins.
On July 7, 1933, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 104 small cans and 22 
large cans of Dennos Food at San Francisco, Calif., alleging that the article 
had been shipped in interstate commerce on or about June 17, 1933, by the 
Dennos Food Co., from Portland, Oreg., and charging misbranding in violation 
of the Food and Drugs Act as amended.
Analysis of a sample of the article by this Department showed that it 
consisted essentially of wheat flour, bran, and sugar.
It was alleged in the libel that the article was misbranded in that the state- 
ments in the labeling, (can) "Dennis makes cow's milk digestible" and (circu- 
lar) " Dennis * * * a food which supplies the body with vitamins ", were false 
and misleading, since the article did not possess these functions. Misbranding 
was alleged for the further reason that the following are statements regarding 
the curative or therapeutic effects of the article and were false and fraudulent: 
(Can label, large and small size) " Plain milk often causes distress and indiges- 
tion, * * * Dennos * * * gives the weak stomach a feeling of great 
comfort. * * * which build up health for adults, and strong bones, firm 
flesh, and good teeth for babies "; (can label, large and small size) " Plain milk 
often causes distress and indigestion * * * Dennis * * * gives the 
weak stomach a feeling of great comfort. * * * which build up health for 
adults, and strong bones, firm flesh, and good teeth for babies " ; (large circular, 
both sizes) " Statistics show that, though the death rate among infants and chil- 
dren has been greatly reduced, the rate among the middle aged has shown little 
if any improvement. When the same attention is given to adult feeding, as has 
been given infant feeding, progress in the diseases of middle life will be shown. 
* * * aids the digestion of other foods. Dennis is beneficial for elderly peo- 
ple and invalids with delicate stomachs * * * Dennis for indigestion, heart- 
burn, flatulence, etc. * * * Dennos for insomnia * * * Dennis and milk 
produces sound, refreshing sleep. Dennis for ulcers * * * as improvement 
begins. Dennis for invalids and delicate children * * * Dennis is bene- 
ficial in cases of typhoid, tuberculosis, stomach-ulcer, gastro-enteritis, indiges- 
tion, post-operative cases, flu convalescence, insomnia * * * Dennis is an 
important food in cases of cancer because malignant growths develop much 
more slowly in well-nourished and active individuals than in the anemic and 
under-nourished. Dennis is an excellent diet for any one in a run-down condi- 
tion. You can build up weight, strength and vitality, by taking a glass of milk 
prepared with Dennos, regularly, between meals. * * * Dennis is so easily 
digested that a glassful may be taken every hour"; (small circular, small size 
only) " For Adults. There are thousands of exceedingly thin men, women and 
children who need more weight and need it badly. Most of these people need 
more energy and vigor. If you are underweight and lack energy, you are not 
getting the proper nourishment from your food. Dennis aids digestion * * * 
body-building   *    *    *   builds up the weight, strength and vitality."
On July 25, 1933, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.