A flavoring extract, as recognized by reliable manufacturers and dealers, is a solution in ethyl alcohol of proper strength of the sapid and odorous principles derived from an aromatic plant, or parts of the plant, with or without its coloring matter, and conforms in name to the plant used in its preparation. The analysis of the aforesaid sample disclosed practically the total absence of the sapid and odorous principles of the strawberry, hence the article was adulterated within the meaning of section 7 of the act in that an imitation extract, artificially colored in a manner whereby its inferiority was concealed, was substituted wholly for the strawberry extract which it purported to be, and was misbranded within the meaning of section 8 of the act in that it was labeled (on carton) "Hoyt's Strawberry Flavor composed of the delicate flavor of the fruit," (on bottle) "Pure and Concentrated Extract of Strawberry," which statements were false, misleading, and deceptive because it was not an extract of strawberry, but merely an imitation extract.

It appearing from the aforesaid analysis that the article was adulterated and misbranded, the Secretary of Agriculture gave notice to the Hartman Mercantile Company, the dealers from whom the sample was purchased, and also to H. B. Howell & Company, Limited, the manufacturer and shipper, and gave them an opportunity to be heard. H. B. Howell & Company, Limited, being the party solely responsible for the adulteration and misbranding of the article and failing to show any fault or error in the result of the aforesaid analysis and it being determined that the article was 'adulterated and misbranded, on February 27, 1909, the said Secretary reported the facts and evidence (F. & D. No. 484) to the Attorney General by whom they were referred to the United States Attorney for the Eastern District of Louisiana who filed an information against H. B. Howell & Company, Limited, with the result hereinbefore stated. JAMES WILSON, Secretary of Agriculture.

JANUARY 10, 1910.

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7000.9 US

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I. S. No. 16742-a.

F. & D. No. 981.

GENERAL LIBRARY,

UNIV. OF MICH.

FEB 19 1910

Issued February 8, 1910.

United States Department of Agriculture,

OFFICE OF THE SECRETARY.

NOTICE OF JUDGMENT NO. 144, FOOD AND DRUGS ACT.

MISBRANDING OF A DRUG PREPARATION.

(DR. FAHRNEY'S TEETHING SYRUP.)

In accordance with the provisions of section 4 of the Food and Drugs Act of June 30, 1906, and of regulation 6 of the rules and regulations for the enforcement of the act, notice is given that on the 27th day of November, 1909, in the district court of the United States for the district of Maryland, in a prosecution by the United States against D. Fahrney, trading as D. Fahrney and Son, of Hagerstown, Maryland, for violation of section 2 of the aforesaid act in shipping and delivering for shipment from Maryland to Virginia of a misbranded drug preparation—that is to say, a preparation labeled and branded "Dr. Fahrney's Teething Syrup," the said defendant having entered a plea of guilty, the court imposed upon him a fine of $100.

The facts in the case were as follows:

On May 25, 1909, an inspector of the Department of Agriculture purchased from Cooper Brothers, Winchester, Virginia, samples of a drug preparation labeled:

"Dr. Fahrney's Teething Syrup. Each ounce contains alcohol 9%, morphine 1.7 gr., chloroform 2.3 M. Drs. D. Fahrney and Son, Hagerstown, Md. Teething Syrup was originated and is made only by us. It contains seven articles besides those given below, and is the best remedy for teething, cholera infantum, indigestion, irregular bowels, sleeplessness, diarrhea, dysentery, etc., Guaranteed under Food and Drugs Act, June 30, 1906, Serial No. 971."

The following statements appear in the label on the carton containing the bottle:

"A sure remedy for all ailments incident to babes from one day old to two or three years. Especially such troubles as wind colic, griping in bowels, diarrhea, difficult teething, disordered stomach, nervous peevishness, restlessness, lack of sleep, and general liver and kidney troubles, and if used in time

will prevent cholera infantum. Contains nothing injurious to the youngest babe, and if given in proper doses will always relieve."

"Mothers need not fear giving this medicine to the youngest babe, as no bad results come from the continued use of it. Many children have taken two or three dozen bottles and today are hale and hearty."

The goods had been shipped to said dealer on or about July 13, 1908, by the manufacturer, D. Fahrney and Son, Hagerstown, Maryland. A sample of the preparation was subjected to analysis in the Bureau of Chemistry, United States Department of Agriculture and was found to contain alcohol 8.84 per cent by volume, chloroform, 0.408 minim per fluid ounce, morphine 0.126 grain per fluid ounce.

It was evident that the preparation was misbranded in violation of section 8 of the act because the statements "Is the best remedy for teething," "A sure remedy for all ailments incident to babes from one day old to two or three years," "Contains nothing injurious to the youngest babe," and "No bad results from the continued use of it," were false, deceptive and misleading, as it was not the best remedy for teething, was not a sure remedy for all ailments incident to babies, does contain injurious ingredients, viz., alcohol, chloroform, and morphine, and because bad results do follow from the continued use of it.

The Secretary of Agriculture, on September 7, 1909, caused the manufacturer to be notified of the above charges and appointed him an opportunity to be heard thereon, and after a hearing, at which said manufacturer was represented, it appearing that there had been a violation of said act, the facts were reported to the Attorney General on October 26, 1909, and by him certified to the United States Attorney for the District of Maryland, who filed an information against the said D. Fahrney, with the results hereinbefore stated.

JAMES WILSON, Secretary of Agriculture.

JANUARY 13, 1910.

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9000.9
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UNIV. OF MICH
FEB 7 1910

S. No. 289.

F. & D. No. 802

Issued February 2, 1910.

United States Department of Agriculture,

OFFICE OF THE SECRETARY.

NOTICE OF JUDGMENT NO. 145, FOOD AND DRUGS ACT.

ADULTERATION OF SEEDLESS RAISINS.

In accordance with the provisions of Section 4 of the Food and Drugs Act of June 30, 1906, and of regulation 6 of the rules and regulations for the enforcement of the Act, notice is given that on the 20th day of August, 1909, in the Supreme Court of the District of Columbia, holding a District Court of the United States, a judgment was entered in the below entitled case, wherein a libel was filed under section 10 of the aforesaid Act, alleging in substance: That 150 boxes of a product labeled "California Seedless Raisins, Packed by the Malaga Packing Company, Fresno County, Calif.” which had been shipped in interstate commerce to the Connecticut Pie Company at Washington, D. C., and found in its possession, were adulterated in that the same were in a filthy, decomposed condition, and infested with worms and other animal matter by reason of which they were unfit for human consumption.

The libel prayed process against all claimants to said raisins and seizure and condemnation of the same.

The said Connecticut Pie Company appeared as claimant and made answer to the libel, admitting the allegation of adulteration, whereupon the Court entered a decree in substance and form as follows:

IN THE SUPREME COURT OF THE DISTRICT OF COLUMBIA.

HOLDING A DISTRICT

Upon consideration of the libel and answer filed herein, from which it appears that the one hundred and fifty boxes of seedless raisins seized by the marshal, are adulterated as charged in the libel herein, within the meaning and in

violation of section seven, paragraph six, of the Act of Congress approved June 30, 1906,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED: That the said one hundred and fifty boxes of seedless raisins are adulterated within the meaning of the Act of Congress approved June 30, 1906, as charged in said libel.

AND IT IS FURTHER ORDERED: That the said one hundred and fifty boxes of seedless raisins be, and they are hereby, condemned, and that they shall be destroyed by the said marshal in accordance with the provisions of the said Act of Congress approved June 30, 1906.

AND IT IS FURTHER ORDERED; That the respondent shall pay all the costs of this proceeding.

The facts which led to the filing of the libel were as follows:

An inspector of the United States Department of Agriculture found on the premises of the Connecticut Pie Company, at the corner of Wisconsin avenue and O streets, Washington, D. C., 150 boxes of infested seedless raisins, labeled as above described, samples of which were examined and found to be in a filthy, decomposed condition, and infested with worms and other animal matter. This fact was reported by the Secretary of Agriculture to the United States Attorney for the District of Columbia, who filed the above libel for seizure and condemnation of the said raisins, with the result hereinbefore stated.