1713. Misbranding of cookies.    U. S. v. 300 Packages of Cookies.    Consent decree
of condemnation. Product ordered sold or distributed to charitable in- 
stitutions, or destroyed.     (F. P. C. No. 1718.    Sample No. 5103-E.)
The container holding this product had a false bottom which occupied about 
one-third the height of the box and which could not be seen until the cookies 
had been removed.
On March 26, 1940, the United States attorney for the Southern District of 
Ohio filed a libel against 300 packages of cookies at Cincinnati, Ohio, alleging 
that the article had been shipped in interstate commerce on or about February
22, 1940, by the Deer Park Baking Co., Inc., from Chicago, Ill.; and charging 
that it was misbranded in that its container was so made, formed, or filled as 
to be misleading. The article was labeled in part: "Deer-Park Ready to Serve 
Ice Box Cookies."
On July 6, 1940, upon application of the Deer Park Baking Co., Inc., claim- 
ant, the case was ordered transferred from the Southern District of Ohio 
to the Eastern District of Illinois. On January 9, 1941, the case having come 
on to be heard before the court and the court having heard the evidence both 
oral and documentary and having found that the allegations of the libel were 
true, judgment of condemnation was entered and it was ordered that the 
product be sold but that if it was not sold and was edible, it be distributed to 
charitable institutions.