29505. Enriched bread. (F.D.C. No. 45585. S. Nos. 27-757 R, 27-856 R, 29-278/9 
R, 52-437 R.)
Minn., and Vernon J. Winter, vice president, and Arthur J. Kehn, superin- 
tendent.
SHIPPED :   Between 9-15-60 and 11-2-60, from Minnesota to Wisconsin and Iowa.
LABELS IN PART: (Wrappers) "Split-Top Enriched Bread Made with Butter 
Baked by Red Owl Stores, Inc., Minneapolis, Minn., Fargo, N.D.," and "Old 
Style Oven White Enriched Bread Calcium Propionate Added to Retard 
Spoilage   Baked by Red Owl Stores, Inc., Minneapolis, Minn., Fargo, N. D."
CHARGE: 403(g) (1)—when shipped, the Split-Top bread (counts 1, 2, 3, and 4) 
and the Old Style Oven bread (count 5) purported to be and were represented 
as enriched bread, a food for which a definition and standard of identity has 
been prescribed by regulations and the articles failed to conform to such 
standard in that they contained per pound less than 1.1 mg. of thiamine, less 
than 0.7 mg. of riboflavin, less than 10.0 mg. of niacin, (all counts) and less 
than 8.0 mg. of iron (counts 1, 3, 4, and 5) ; and 403(j)—the Split-Top bread 
(counts 1, 2, 3, and 4) purported to be and was represented as a food for 
special dietary use and its label failed to bear as required by regulations, a 
statement of the proportion of the minimum daily requirements for the vita- 
mins thiamine, riboflavin, and niacin, and the mineral iron, supplied by such 
food when consumed in a specified quantity during a period of 1 day.
PLEA :   Not guilty by each defendant.
DISPOSITION: The individual defendants failed to respond to the summons 
issued to each of them and, on 2-28-62, each was arrested on a bench warrant. 
The defendants moved to quash the warrant on the grounds (1) that the infor- 
mation had not been supported by oath, (2) that the affidavit of the Director 
of the Minneapolis District of the Food and Drug Administration attached to 
the application for warrant was not an "oath" as required by law, that it 
failed to show probable cause and was based on hearsay, (3) that the warrant 
was issued in violation of the fourth and fifth Amendments to the Constitution 
and (4) that the court did not have jurisdiction over the defendants. The 
motion was denied 3-14-62.
The defendants moved also to dismiss the information, and in the alternative, 
to strike as surplusage descriptive phrases identifying the position in the cor- 
poration of each of the individual defendants, and for a bill of particulars. 
The motion for a bill of particulars was granted in part and the other motions 
were denied.
Pleas of not guilty having been entered, the case came to trial before the 
court and jury on 5-15-62, and continued until 5-25-62. At the close of the 
Government's case the court granted the defendants' motion to strike from 
counts 1-4, the allegation that the articles were misbranded under 403(j). 
At the close of the trial, the court directed a verdict of acquittal with respect 
to Vernon J. Winter on the grounds that the Government had not shown a 
sufficient direct connection on the part of the vice president with the alleged 
interstate shipments of misbranded bread. The jury returned a verdict of 
guilty on all counts against the corporation and Arthur J. Kehn.   On 6-7-62, the
court imposed a fine of $2,500, plus costs, against the corporation and a fine 
of $1,000 against the individual.