9341. Misbranding of honey-flavored red bKans.    U. S. v. Miller's Groceteria Co.
Plea of nolo contendere. Fine, $1,100. (F. D. C. No. 16530. Sample Nos. 
26412-H to 26414-H, incl., 26526-H, 26527-H, 26612-H to 26615-H, incl., 
26716-H, 26717-H.)
INFORMATION FILED: November 23, 1945, District of Colorado, against the 
Miller's Groceteria Co., a corporation, Denver, Colo. It was charged that 
the defendant received in interstate commerce, on or about October 3, 1944, 
from the Otoe Food Products Co., Nebraska City, Nebr., a consignment of 
red beans which were misbranded; and that on or about February 5, 1945, 
the defendant delivered, for pay or otherwise, a number of cans of the product 
to various persons at its branch stores.
LABEL IN PART: "Otoe Registered Brand * * * Honey Flavored Red 
BKans."
NATURE OF CHARGE : Misbranding, Section 403 (a), the label statements, "Honey 
Flavored," "Containing Honey," and "Honey flavor adds a new taste appeal," 
were false and misleading since they represented and suggested that the 
article contained an appreciable amount of honey; and that it had the flavor 
and taste of honey. The product contained little or no honey, and it did 
not have the flavor and taste of honey.
DISPOSITION : January 27,1946. A plea of nolo contendere having been entered, 
the court imposed a fine of $100 on each count, a total fine of $1,100.