15802. Misbranding of pretzels.   U. S. v. 50 Boxes   *    *    *.    (F. D. C. No.
23158.    Sample No. 66541-H.)
LIBEL FILED :    On or about June 4,1947, District of New Jersey. 
ALLEGED SHIPMENT :   On or about April 23,1947, by Bachman Bakeries, Inc., from 
Reading, Pa.
PRODUCT:   50 boxes, each containing 12   12-ounce cartons, of pretzels at Margate
City, N. J.   Each carton contained 1 wax paper bag of the product. 
LABEL IN PART:     (Carton)   "Bachman   Oven   Fresh   Extra   Thin   Pretzels
Net Weight 12 Ounces." 
NATURE OF CHARGE:   Misbranding, Section 403 (d), the container was so filled
as to be misleading since the bag of pretzels in the carton occupied only about
65 percent of the volume of the carton.
DISPOSITION: January 27, 1950. The shipper having consented to the entry 
of a decree, judgment of condemnation was entered and the court ordered that 
the product b,e destroyed.
ĞD. C. Code, §§ 22-3421, 47-2347.
Nuckols v. United States, 69 App. D. C. 120, 99 F. 2d 353. a. Page v. Burnstme. 
102 U. S. 664.
s Johnson v. United States, 225 U. S. 405, 413, 32 S. Ct. 748, 56 L. Ed. 1142 ; Kleindienst 
v. United States, 48 App. D. C. 190, 202; O'Brien v. United States, 69 App. D. C. 135, 99 
F. 2d 368.
9 United States v. Beach, 324 U. S. 193. 
^Ibid., p. 195. The Pure Food and Drugs Act of 1906, 34 Stat. 768, was repeatedly 
held to be applicable, according to its terms, to local activity in the District. Gait v. 
United States, 39 App. D. C. 470; Dade v. United States, 40 App. D. C. 94. It was also 
held to supersede certain provisions of an earlier local law. District of Columbia v. 
Coburn, 35 App. D. C. 324.
11 D. C. Code, § 22-3422.
Nos. 15803 to 15806 report actions involving flour that was insect- or 
rodent-infested, or both. (In those cases in which the time of contamination 
was known, that fact is stated in the notice of judgment.)