The CHAIRMAN. Thank you, Mr. Horigan. I believe Dr. Alsberg desires to make a statement next. We will be pleased to hear you, Dr. Alsberg. STATEMENT OF MR. CARL L. ALSBERG, CHIEF BUREAU OF CHEMISTRY, DEPARTMENT OF AGRICULTURE. Mr. ALSBERG. Here is a candy box with a false bottom (marked (1)). Mr. MCLAUGHLIN of Michigan. Is that the condition in which that was sold? Mr. ALSBERG. Yes, sir; that is a false bottom under there. This, of course, is not a false bottom. That false bottom is about half an inch above the bottom. Mr. YOUNG. I want to ask a question in that connection. If they see fit to put in a false bottom-what is that supposed to be, a pound or half a pound? Mr. ALSBERG. A pound. Mr. YOUNG. If it really contains a pound, there is no objection to their having a false bottom in the box, is there? Mr. ALSBERG. Yes, sir; there is. Mr. YOUNG. I want to ask this question: Does the person who buys a box of that kind, with a false bottom, as a matter of fact, consider the shape of the box or just the number of pounds? Mr. ALSBERG. That depends. Some people put out a full pound in a box like that and label it a pound, and some people put out 15 ounces and label it 15 ounces. Our experience under the food and drug act has been that the consumer compares packages by their size and, other things being equal, a man who puts out a pound in a large box gets an unfair advantage over his competitor who puts out a pound in an honest sized or shaped box, and the consumer pays him more than he is entitled to in actual practice. But there are, Mr. Chairman-if I might take this discussion up at this time-two propositions herein involved. The one is the proposition of the slack filling of packages, and the other is the proposition of the deceptive shape or appearance of a package. Now, the situation with respect to the slack filling of packages became particularly acute during the war, because the price of a great many articles went up, and had to go up, particularly where the articles were imported from abroad and the amount of the article imported, or the available quantity of that imported into this country, was lessened. It therefore became difficult for a good many people in a good many lines to fill the packages which formerly they had been filling. You would think the normal thing for them to do would be to get a smaller package and fill that, but they did not do that, or, at least, those that wanted to could not get away with it, because the other fellow would not. So they took to the slack filling of packages, and this practice was particularly bad with reference to spices, which are sold in 5 and 10 cent packages. The practice of slack filling was by no means unusual before the war. The war merely compelled even honest manufacturers to resort to it. Now that general trade conditions are returning to normal the practice of slack filling and similar practices have by no means disappeared, and there is every reason to fear that the force of competition is such as to force the continuance of this practice permanently if Congress takes no action. There was at one period of the war packages of spices on the market that should contain 2 ounces, but actually contained half an ounce, or less than 1 ounce, and when you consider that some of the packages of this type have a perforated shaker cover that you can not open you can see what the deception amounted to. These all represent different types of slack-filled packages. Here is a very good example. This package contains 2 ounces, and this one contains 4. ounces (marked (2)). The CHAIRMAN. The same size? Mr. ALSBERG. You can see the size. The CHAIRMAN. They are nearly the same size, are they not? Mr. ALSBERG. There is a slight difference. You see what the average woman, when she goes into the store, will do. If this package which contains 4 ounces costs more than this package which contains 2 ounces, she is going to buy the 2-ounce package, and pay more in proportion for the 2-ounce package than she does for the 4-ounce package. That is the practical way it works out, and our experience has been that no amount of marking is going to take care of the situation. Mr. PURNELL. Of course the net weight is stated on both packages? Mr. ALSBERG. Not in this particular case, and I will give you the reason for it. When the original Gould amendment was passed it gave the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of the Treasury, who were to make rules and regulations, the authority to exempt small packages. It was believed that a package might be so small that there was not any sense in marking it, and the secretaries fixed the exemption at 2 ounces or less. As a result this package, being an old one, is not marked, while this is marked. Because of the situation which arose during the war the Secretary of Agriculture asked the three secretaries to agree to change the exemption, so at the present time it is lowered to half an ounce, and if this package were now put out on the market it would have to be marked as containing 2 ounces. It is not marked, for the reason that it was put out before the exemption was changed. It was formerly not believed that any deception was possible in a package of 2 ounces or less, because it is so small a package. The CHAIRMAN. Is the package containing 2 ounces half filled or quarter filled? Mr. ALSBERG. It is about half filled. There is an economic aspect to this. A can of this size costs about 2 cents or thereaboutsperhaps a cent and a half. It is a waste of tin plate, and it takes more shipping space, and it is economically a vicious proposition. The CHAIRMAN. The large container is used for the purpose of deceiving the consumer? Mr. ALSBERG. Abosolutely so. Then there is another type of deception, and that is the matter of the false bottom. Here is a sample (marked (1)). This type of package with the false bottom was brought to our attention by the food commissioner of the State of Virginia, who writes this letter to Dr. Abbott. Dr. Abbott is one of the men in the Bureau of Chemistry. Dr. J. S. ABBOTT, COMMONWEALTH OF VIRGINIA. DAIRY AND FOOD DIVISION, Richmond, Va., October I. 1919. Chemist in Charge, Bureau of Chemistry. Washington. D. C. DEAR MR. ABBOTT: I am inclosing under separate cover an empty candy package put out by the Touraine Co., Boston, Mass., and which when partly filled with candy is being distributed through the United Cigar Stores in this State. An examination of this package in our laboratory shows that the weight of the goods is 15 15/16 ounces, practically meeting the claimed weight. The total cubic space in box with the false bottoms removed is 64.16 cubie inches; the cubic space with the false bottoms in place is 49.08 cubic inches, and the cubic space as used by our local confectioners is 40 cubic inches for a pound box of candy. Approximately 25 per cent of the available space in the box put out by the Tourane Co. is occupied by a false bottom, which I think gives a deceptive appearance to the package. Bearing in mind the views taken on partly filled packages, and the law which includes within the meaning of misbranding “a package the design of which is false or misleading in any particular." I submit that the form (size) of the package referred to is "misbranded," and I would be pleased to be advised the view you take in this case. Yours, truly, BENJ. L. PURCEL, Commissioner. In other words, he would like to have us prosecute under the food and drugs act, on the theory that the shape of the package constitutes a misbranding. The solicitor of the department has ruled that the law, as it is at present, is not susceptible of the interpretation which the food commissioner of the State of Virginia desires to have placed upon it. Mr. PURNELL. Let me ask you in that connection, is it not a fact that a lot of this extra space as taken up in these so-called fancy boxes of candy is used for trimming? Mr. ALSBERG. That is often true, but this happens to be one in which you could not claim that, and there are a good many such. Mr. WILSON. Let me ask you about this bottom. Do you know what the contents were in that box? Mr. ALSBERG. 15 15/16 ounces, practically 1 pound. Mr. PURNELL. It is correctly labeled 1 pound, except that it lacks a sixteenth of an ounce? Mr. ALSBERG. It is correctly labeled, but if you hand a purchaser two boxes side by side, the purchaser will take the larger box. That may seem stupid or foolish, but that is the way it works out in practice. THE. CHAIRMAN. Will you kindly state by percentages the shortage in each package, so that it may appear in the record. Mr. ALSBERG. I will do that. Here is another package that came in last week (marked (3)). This is the type of complaint we are receiving from the public. This letter is by Willis P. Hopkins, of 1725 Wilson Avenue, Chicago. I do not know who he is, but he writes under date of October 18, as follows: I am to-day mailing you, per parcel post, a can of pepper purchased by me on 17th instant in a Piggly Wiggly store at 1122 Wilson Avenue, Chicago. The can bears a label, "Three fourths ounce net weight," and when the pepper was purchased the weight was three-fourths of an ounce, as stated on the label, but you will notice the can is proper size to hold double the quantity contained therein. This can was purchased by me as a result of the enclosed advertise ment, from which I quote: Full 1 ounce tin, 5 cents.” When I bought this can I supposed it was full. I call your attention to this package and the advertisement because you will notice the product is manufactured in Cincinnati and was transported to Illinois; hence it traveled in interstate commerce and you apparently have juris diction. Here is the letter; here is the advertisement, and here is the can. It is just a letter we picked out at random. We are getting that type of complaint. Then another thing that we hope to meet with this bill is this matter of the deceptive bottle, and here are some photographs which illustrate deceptive bottles (marked (4)). Here are some flavoring extract bottles (marked (5)). This bottle contains 2 ounces and this bottle contains 13 ounces, which leads to deception, even though the quantity is marked on the label. The CHAIRMAN. Which is the larger bottle! Mr. ALSBERG. This apparently is the larger, but this contains the more material. This, of course covers the second of the two propositions which are dealt with in the bill. One is the slack filling, and the other is the deceptive shape or appearance of a package. The CHAIRMAN. Judging from appearance, the bottle having the smaller capacity would seem to contain more than the other. Mr. ALSBERG. This one contains 2 ounces, and this one contains 13 You mean in appearance it seems to? ounces. The CHAIRMAN. Yes; in appearance. Mr. ALSBERG. Yes, sir. The CHAIRMAN. In other words, it has been made in such a way that it appears to contain much more than its true capacity? Mr. ALSBERG. Yes, sir; apparently; and these are by no means ex treme cases. Mr. PURNELL. Does it cost more to make the large bottle? Mr. ALSBERG. It costs, I believe, more to make the large bottle. There is only one thing that it is fair to state in that connection, and that is that the large bottle is commonly made by hand, and the small bottle is made by machine. Mr. JACOWAY. There is quite a difference of expense, if that is so. Mr. ALSBERG. Of course, that will redound ultimately to the benefit of the consumer. Mr. JACOWAY. That is, if he supplies the machine-made bottle, but if he supplies the hand-made bottle it does not. Mr. ALSBERG. The machine-made bottle is cheaper, and the small bottle of uniform shape can be made on a machine. I do not know whether this was actually so made, but the large bottle has to be made by hand. Here are some samples of slack filled packages (marked (6), (7), (8), (9), (10), (11), (12), (13), (14), and (15)). This paper shows the extent to which the package is filled. It was filled up to here. The CHAIRMAN. Will you give the percentages? Mr. ALSBERG. We will have to put that in afterwards. We have not figured it out. It was filled up from the bottom to the point of the lower edge of the white paper. The CHAIRMAN. In other words, one-third filled? Mr. ALSBERG. Something like that. It contains 2 ounces. Mr. ALSBERG. That is right. Here is one that contained macaroni, which was filled up to here (marker (7)). Mr. YOUNG. Has it the weight marked on it? Mr. ALSBERG. The weight is correctly stated on the outside. Here is another sample. Mr. WILSON. Is this all that was in this? Mr. ALSBERG. Yes, sir. Mr. WILSON. It looks like somebody took some of the contents out of it. Mr. ALSBERG. Yes; but that was all that was in it. Mr. MCLAUGHLIN of Michigan. For the record, Doctor, I think you ought to make a different statement. We can see these different packages as they are handed around, but it would be very Mr. ALSBERG. It would be very difficult for me to make a statement here, but I can fix up the record. Mr. MCLAUGHLIN of Michigan. I think there would be no objection to putting it in the record so it would clearly appear to the reader of the hearing. The CHAIRMAN. Without objection, it will be so ordered. You may complete the record by inserting at this point in the printed reports of the hearings a statement showing the percentage the various exhibits are filled, and such other information as may be of interest concerning the exhibits which you have submitted to the committee. (The statement referred to by the chairman follows:) EXHIBIT OF SLACK-FILLED AND DECEPTIVE PACKAGES OF FOOD PRODUCTS SUBMITTED IN CONNECTION WITH THE HEARING ON H. R. 8954 BEFORE THE HOUSE AGRICULTURAL COMMITTEE. This exhibit has been selected from three sources : 1. Samples collected by our inspectors as appearing deceptive to them and referred to the bureau for any action which might be taken under the food and drugs act in its present form. 2. Samples found by competitors and referred to the bureau for redress and relief. 3. Samples referred to the bureau by individuals who felt that they were being deceived. The sources, viz, bureau inspectors, business men, and private individuals, show the scope of the deception which is illustrated by this exhibit. The packages were exhibited in the order of the numbers on them. They are grouped below to illustrate two points, (1) slack filling, (2) deceptive packages, 1. SLACK-FILLED PACKAGES. These cartons bear a paper sticker which shows the amount of unfilled portion when they contain the amount of food declared on the label, These exhibits show the variety of products in which and the amount to which slack filling is practiced : Exhibit No. 6. One spaghetti carton, labeled and containing 7 ounces, onethird full. Exhibit No. 7. One macaroni carton, labeled and containing 7 ounces, twothirds full. Exhibit No. 8. One noodle carton, labeled and containing 2 ounces, one-third full. Exhibit No. 15. One potato-chip carton, labeled and containing 3 ounces, onehalf full. Exhibit No. 9. One pepper can, labeled and containing 21 ounces, two-thirds full. Exhibit No. 10. One pepper can labeled and containing three-fourths ounce, one-fourth full. |