5 13 NENERAL LIBRARY, UNIV. OF MUCH. I. S. No. 24501-8. F. & D. No. 837. Issued March 30, 1910. United States Department of Agriculture, OFFICE OF THE SECRETARY. NOTICE OF JUDGMENT NO. 238, FOOD AND DRUGS ACT. ADULTERATION AND MISBRANDING OF APPLE JELLY. 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 19th day of November, 1909, in the District Court of the United States for the Eastern District of Michigan, in a prosecution by the United States against the Williams Brothers Company, a corporation of Detroit, Mich., for violation of section 2 of the aforesaid act in shipping and delivering for shipment from Michigan to Alabama an adulterated and misbranded apple jelly, the said Williams Brothers Company entered a plea of nolo contendere and the court imposed upon it a fine of $5. The facts in the case were as follows: On April 14, 1909, an inspector of the Department of Agriculture purchased from the Winter, Loeb Grocery Company, Montgomery, Ala., a sample of a food product labeled: "Wilco Apple Jelly with Pineapple Contains of 1% Tartaric Acid. Made of Apple Juice and Sugar. The Williams Bros. Co., Detroit, Mich., U. S. A." The sample was analyzed in the Bureau of Chemistry of the United States Department of Agriculture and found to contain, among other ingredients, glucose. From the aforesaid analysis it would appear that the article was adulterated within the meaning of section 7 of the act in that a certain substance, to wit, glucose, had been substituted in part for the genuine food product; and was misbranded within the meaning of section 8 of the act in that it was labeled "Apple Jelly with Pineapple. Made of Apple Juice and Sugar," which statements were false, misleading, and deceptive, inasmuch as they tended to induce the purchaser to believe he was procuring a product made of apple juice and sugar, whereas, as a matter of fact, the product also contained a foreign substance, namely, glucose. It appearing from the aforesaid analysis that the article was adulterated and misbranded, the Secretary of Agriculture gave notice to the Winter, Loeb Grocery Company, the dealer from whom the sample was purchased, and to the Williams Brothers Company, the manufacturer and shipper, and gave them an opportunity to be heard. The Williams Brothers Company 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 September 9, 1909, the said Secretary reported the facts and evidence to the Attorney General, by whom they were referred to the United States Attorney for the Eastern District of Michigan, who filed an information against Williams Brothers Company, with the result herein before stated. 15319 J5 413 S. No. 190. F. & D. No. 528. GENERAL LIBRARY, UNIV. OF MICH. APR 12 1010 Issued March 30, 1910. United States Department of Agriculture, OFFICE OF THE SECRETARY. NOTICE OF JUDGMENT NO. 239, FOOD AND DRUGS ACT. MISBRANDING OF A DRUG-"BEAVER AND OIL COMPOUND." 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 of the judgment of the court in the case of the United States v. 3 Cases of "Dr. Jones' Beaver and Oil Compound," a proceeding of libel under section 10 of the aforesaid act for seizure and condemnation of the said 3 cases of beaver and oil compound, lately pending, and finally determined on January 5, 1910, in the District Court of the United States for the Northern District of Georgia by rendition of a decree of condemnation and forfeiture hereinafter fully set out. On March 23, 1909, the United States attorney filed a libel in the District Court of the United States for the Northern District of Georgia praying seizure, condemnation, and forfeiture of the said drug. To this libel no answer was filed, and the case having come on for final hearing on the 5th day of January, 1910, the court rendered its decree of condemnation and forfeiture in substance and in form as follows: IN THE DISTRICT COURT of the UNITED STATES for the NORTHERN DISTRICT OF The claimant in the above stated case having been duly served, and now, on this day, the cause coming on for hearing, and no answer having been filed, and the allegations contained in the Libel not having been denied nor in any manner controverted, it is ordered and decreed that said Libel be taken pro confesso as to said claimant, and it is further considered, ordered, adjudged and decreed by the Court that the drugs described in said Libel be condemned as being misbranded and the United States Marshal for the Northern District of Georgia shall brand said drugs and the bottles containing the same as follows: "Dr. Jones' Liniment," and that he advertise and sell said goods as provided by law, and out of the proceeds of such sale, pay all costs, expenses and legal charges incident to said seizure, proceedings, and sale in said case, including the costs of storage, and the costs of rebranding, and pay the remainder, if any, into the Treasury of the United States, as provided by law: Provided, however, that the said Morris Spiegel, the intervening claimant herein, upon the payment of all the costs of this Libel, including the costs of seizure, storage, and all the expenses of every nature incurred therein, and upon the execution and delivery of a good and sufficient bond, with approved security, in the sum of Five Hundred Dollars, conditioned that the said Morris Spiegel, claimant as aforesaid, shall label said goods in accordance with the judgment of this Court as herein before directed, and further conditioned that said claimant will not sell or dispose of said goods in violation of the laws of the United States, or the laws of any State, Territory, District or Insular Possession of the United States, then, the said Morris Spiegel, claimant, shall have the right to the possession of said goods now in the possession of the United States Marshal for the Northern District of Georgia and he is hereby directed to deliver to the said Morris Spiegel, claimant, or to the lawful agent of said claimant, the aforesaid goods upon the execution and delivery of the aforesaid bond, and the payment of the aforesaid costs, expenses and charges, within twenty days from the date of this decree. In open Court this 5th day of January, 1910. WM. T. NEWMAN, U.S. Judge. The facts in the case were as follows: A sample of a drug labeled and branded: "Dr. Jones Beaver and Oil Compound. For the treatment of rheumatism, neuralgia, sore throat, and quinsy, headache, toothache, backache, bruises, sprains, lameness, chilblains, frostbites. This oil gives strength to weak limbs. Is an almost instant relief and quick healing remedy in bodily pains, and inflammations. Warranted as represented. Dr. M. Spiegel, Manufacturer, Albany, N. Y." had been analyzed in the Bureau of Chemistry of the United States Department of Agriculture and found to consist essentially of a gasoline solution of oleoresin of capsicum, oil of sassafras, and not exceeding one-third of one per cent of nonvolatile matter, not animal oil, when an inspector of the said Department found in the possession of L. and J. Spiegel, Atlanta, Ga., 3 cases, each containing 360 bottles, of said drug similarly labeled. The drug had been shipped on March 3, 1909, by Dr. M. Spiegel from Albany, N. Y., to L. and J. Spiegel, Atlanta, Ga. From the aforesaid analysis it appeared that the article was misbranded within the meaning of section 8 of the act in that the statements on the label tended to deceive and mislead the purchaser and cause him to believe the product was a beaver oil compound, whereas it was not a beaver oil compound, nor an animal oil, but a gasoline solution of oleoresin of capsicum, oil of sassafras, and about one-third of one per cent of non-volatile matter, not animal oil. Accordingly, on March 22, 1909, the Secretary of Agriculture notified the United States attorney for the Northern District of Georgia that the aforesaid 3 cases of said drug were then in the possession of the above-named parties in Atlanta, Ga., having been shipped as above stated, and that they were misbranded within the meaning of the act. On March 23, 1909, the United States attorney filed a libel in the District Court of the United States for the Northern District of Georgia, with the result hereinbefore stated. The said claimant, Morris Spiegel, having complied with the terms of the aforesaid decree and section 10 of the Food and Drugs Act of June 30, 1906, the said 3 cases of beaver and oil compound were redelivered to him. |