2547. Misbranding of Kresto.     V. S. v. 735 Cases and 226 Cases of Kresto.     Con¬
sent decree of condemnation.    Product ordered released under bond for 
salvaging.    (F. D. C. No. 3688.    Sample Nos. 44142-D, 44143-D.)
This product was a mixture of sugar, cocoa, malt, and possibly a small amount 
of skim milk.   Its labeling failed to bear a statement of ingredients.
On January 27, 1941, the United States attorney for the District of Puerto 
Rico filed a libel against 961 cases of Kresto at San Juan, P. R., alleging that the 
article had been shipped in interstate commerce on or about December 5, 1940, 
by Bestov Products, Inc., from Long Island City, N. Y.; and charging that it 
was misbranded.
The article was alleged to be misbranded in that the following statements in 
the labeling were false and misleading since they represented that it was effi- 
cacious for the purposes recommended; whereas it was not efficacious for such 
purposes: (Cans and cases, translated from Spanish) "Health Energy * * * 
An extract of the most nutritive foods of nature: .* * * It is very rich in 
vitamins * * *. Kresto aids the digestion of other foods and taken before 
going to bed it produces a tranquil and restorative sleep. Kresto is a food 
prepared especially for nourishing the organism with the minimum of digestive 
effort. Fresno contains in correct proportion all the substances necessary for. 
strengthening the brain, nourishing the bones, increasing the red corpuscles in 
the blood, building up the tissues, creating strong muscles and firm flesh. Kresto 
is a powerful generator of energy. * * * Alimentary value: 43 calories to 
each teaspoonful. It contains carbohydrates, proteins, fats and mineral sub- 
stances; (cans in 735 cases only) "Take Kresto 3 times a day for health and 
energy." It was alleged to be misbranded further in that it was fabricated from 
two or more ingredients and its label failed to bear the common or usual name 
of each ingredient.
On August 5, 1941, F. Freiria S. en C, claimant, having admitted the allega- 
tions of the libel, judgment of condemnation was entered and the product was 
ordered released under bond conditioned that it be brought into compliance with 
the law under the supervision of the Food and Drug Administration.