25530. Alleged  Misbranding of  pancake  flour.    17.   S.  v. Doud  Milling:  Co.,  a
corporation. Information dismissed on demurrer. (F. & D. no. 30292. 
Sample no. 3012-A.)
This article was alleged to be mislabeled as a whole-wheat product
On July 28,1934, the United States attorney for the Southern District of Iowa, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against the Doud Milling Co., a corporation, Denison, Iowa, 
alleging shipment by it in violation of the Food and Drugs Act as amended, 
on or about August 8, 1932, from Denison, Iowa, to Sioux Falls, S. Dak., of 
quantities of pancake flour, and charging misbranding. The article was 
labeled: (Case) "12 3% Lb. Pkgs. * * * Whole Wheat Self-Rising Pan- 
cake Flour"; (package) " * * * A compound of specially prepared whole 
wheat flour, corn flour, sugar, salt, phosphate, soda, and powdered buttermilk."
Misbranding of the product was charged (a) under the allegations that 
there was borne on the cases and on the package the statement, to wit, "Whole 
Wheat Self-Rising Pancake Flour", and on the packages the statement, to wit, 
"Whole Wheat Pancake Flour"; that the product was not whole-wheat self-ris- 
ing pancake flour; that the said statements were false and misleading; (b) 
under the allegation that the said statements were borne on the cases and pack- 
ages so as to deceive and mislead the purchaser.
A demurrer to the information having been filed by the defendant, an order 
sustaining the demurrer and dismissing the information was entered on May 
22, 1985.
W. R. GEEGG, Acting Secretary of Agriculture.