25851. Misbranding of Krlspy Knunbs. U. S. v. The Better Wheat Foods Co., 
a corporation, and Denton Rogers. Plea of guilty by defendant Rogers. 
Fine, $27.     (F. & D. no. 32225.    Sample no. 50923-A.)
Unwarranted therapeutic and curative claims were made for this article; 
its label bore incorrect statements regarding its ingredients, and the quantity 
of the contents of the package in which it was sold was not plainly stated 
thereon.
On December 3, 1934, the United States attorney for the District of Utah, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against the Better Wheat Foods Co., a corporation, and Denton 
Rogers, Logan, Utah, alleging shipment by it and him in violation of the Food 
and Drugs Act, as amended, on or about October 17, 1933, from Logan, Utah, 
to Denver, Colo., of quantities of Krispy Krumbs which were misbranded. 
Analysis of the article showed that it consisted essentially of wheat contain- 
ing a large amount of bran, and that little, if any, flaxseed was present.
Misbranding of the article was charged under the allegations the,t its pack- 
age bore and that a circular enclosed therein contained statements regarding 
the therapeutic and curative effects of the article; that the said statements 
falsely and fraudulently represented that the article was effective, among 
other things, to furnish energy to make muscles, tissues, blood, bones and teeth, 
and to build good, sturdy bodies for young and old; effective to produce mar- 
velous health—stomach disorders, auto-intoxication, nervous ailments, ulcers 
of the stomach, kidney trouble, bad complexion, liver trouble, excess acidity, 
rheumatism, and diabetes; effective to clear the blood stream of poisons and 
to neutralize acidity; effective to promote proper elimination and to assist the 
liver and kidneys in assuming their normal functions; effective as a treatment 
for any chronic ailments brought on by faulty elimination; and effective as 
a treatment for maladies of years' standing.
Misbranding of the article was further charged (a) under the allegations 
that the packages bore the statement "100% Whole Wheat", and that there 
appeared on a circular enclosed in the package the statements, "It is made more 
laxative by the addition of an especially prepared flax seed" and "A Complete 
Meal", that the article was not 100 percent whole wheat, that it contained 
little, if any, flaxseed, that it did not contain the essentials of a complete 
meal; that the aforesaid statements were false and misleading; (b) under the 
allegation that the article was labeled as aforesaid so as to deceive and mis- 
lead the purchaser; (c) under the allegation that the article was in package 
form and that the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
On December 8, 1934, a plea of guilty by the defendant Rogers having been 
entered, a fine of $27 was imposed.
W. K. GBEGG, Acting Secretary of Agriculture.