25301. Misbranding of graham crackers.     IT.  S. v.  Davidson Biscuit Co.     Plea
of   guilty.    Fine,   $100   and   costs.     (F.   &   D.   no.   35881.    Sample   nos. 
71464-A, 102-B.)
The majority of the packages examined from this lot of graham crackers 
were found to contain less than 1 pound, the weight declared on the label. 
The labeling also conveyed the misleading impression that the product had 
been "sunalized", that it could be relied upon to furnish the correct amount 
of vitamin D and had been made with appreciable amounts of milk and honey.
On August 21, 1935, the United States attorney for the Eastern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Davidson Biscuit Co., a corporation, 
Mount Vernon, Ill., alleging shipment by said company in violation of the 
Food and Drugs Act as amended on or about June 13 and July 3, 1934, from 
the State of Illinois into the State of Colorado, of quantities of graham 
crackers which were misbranded. One lot of the product was labeled: 
"Tastyflake * * * Davidson Biscuit Company." The remaining • lot was 
labeled: "All-Crisp * * * Illinois Distributing Co." Both lots were 
labeled: "Sunalized Graham Crackers * * * Made with Milk and Honey 
*    *    *   Net Weight 1 Pound."
The article was alleged to be misbranded in that the statements, "Net 
Weight 1 Pound", and "Ultra Sunalized Tested and Approved Contains Certified 
Vitamin D Sunalized * * * containing just the right proportion of 
Vitamin D * * * Made with Milk and Honey", borne on the package 
label, were false and misleading and for the further reason that the article 
was labeled so as to deceive and mislead the purchaser, since the packages 
did not each contain 1 pound of the article but did contain in each of a large 
proportion of the packages examined less than 1 pound, it was not sunalized 
and ultra sunalized, tested and approved to contain certified vitamin D in 
just the right proportion since the correct amount of vitamin D required by 
an individual is dependent upon age, other sources of vitamin D in the diet, 
and other factors, and the article was not made with milk and honey since 
it contained but a very slight amount, if any, of milk and honey.
Misbranding was alleged for the further reason that the article was food 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package since each of a large num- 
ber of the packages examined contained less than the amount declared.
On November 25, 1935, a plea of guilty was entered on behalf of defendant 
company and the court imposed a fine of $100 and costs.
R. G. TUGWELL, Acting Secretary of Agriculture.