"The term cordial carries with it the significance of sugar (sucrose) as the sweetening agent. When anhydrous sugar (dextrose) is used, the label should bear a statement substantially as follows: 'Prepared with anhydrous sugar,' which statement should be made in a distinct fashion on the main label." A preparation containing glucose, saccharin, benzoic acid and coal tar cannot be labeled "blackberry cordial."2 § 310. Corn Meal. Sacks of corn meal were labeled as follows: "Old Log Cabin Meal. Fresh Ground Corn Meal. Best Water Ground Style." This was held to indicate that the meal had been ground in a water mill on mill stones or buhrs; and as it was ground by the steam roller process, steam power being used, the meal was not correctly labeled.1 § 311. Corn Syrup and Sorghum Compound. Labeling a can as "Corn Syrup and Sorghum Compound" in equal percentages when it contains 65.8 percent of commercial glucose is a misbranding of the article. Corn syrup labeled as manufactured at Williamsport, Pa., which was made at Granite City, Illinois, is mislabeled.2 "We have each given careful consideration to the labeling, under the pure food law, of the thick, viscous syrup obtained by the incomplete hydrolysis of the starch of corn, and composed essentially of dextrose, maltose and dextrine. "In our opinion it is lawful to label this syrup as 'Corn Syrup;' and if to the corn syrup there is added a small percentage of refiner's syrup, a product of the cane, the mixture, in our judgment, is not misbranded if labeled 'Corn Syrup with Cane Flavor'.'' § 312. Cotton Seed Meal. A cotton seed meal was labeled as follows: "Creamo Brand Feed Meal. Guaranteed Analysis-Protein 22 percent, Fat 5 percent, Crude Fiber 28 percent." An analysis showed 18.73 percent of protein, 4.69 percent fat, and 25.04 percent crude fiber, and approximately 50 percent cotton seed hulls. It was held that the article was mislabeled.1 In another instance the label contained the legend that it was "Pure Cotton Seed Meal, 100 pounds. Guaranteed analysis not less than Ammonia 8 percent, Protein 41 percent, Nitrogen 6.50 percent, Crude Fat and Oil 9 percent.' The percentage of crude fat and oil was only 7.61 percent. It was held that the product was mislabeled.2 A product was labeled: "Guaranteed Analysis: Protein 22 percent, Fat 5 percent, Crude Fiber 28 percent, 1909." On analysis it was found it contained moisture 7.79 percent, ether extract 4.69 percent, protein 18.73 percent, and crude fiber 25.04 percent. It was held to be mislabeled as to the protein. Another product was labeled: "Guaranteed Analysis: Protein (6.25 times nitrogen) 25.00 (equivalent to Ammonia 4.50 percent), Starch and Sugar 15.00, Fat 5.00, Crude Fiber 28.00. This meal is made from decorticated Cotton Seed." An analysis showed that it contained moisture 9.31 percent, ether extract 4.50 percent, protein 19.57 percent, crude fiber 22.72 percent, reducing sugar 0.07 percent, sucrose 2.60 percent, starch 1.36 percent (sugars and starch 4.03 percent), and about 50 percent hulls." It was held that the product was mislabeled both as to the protein and hulls. Where the product was labeled "25 percent protein," but it only contained 24.01 percent, it was adjudged mislabeled. The label was as follows: "Guaranteed Analysis: Ammonia not under 8 percent, Nitrogen not under 62 percent, Protein not under 41 percent, Oil and Fat not under 9 percent, Crude Fiber 7 percent. J. Lindsay Wells Co., Memphis, Tenn., guarantees this Star Brand Cotton Seed Meal to contain not less than 9 percent of Crude Fat, 41 percent of Protein, and to be compounded from the following ingredients: Cotton Seed Prod 1 N. J. 179. 2 N. J. 173. 3 N. J. 755. 4 N. J. 756. uct It was found to contain 9.87 percent moisture, 6.93 percent ether extract, 39.88 percent protein, and 11.05 percent crude fiber. This was adjudged misbranded both as to the crude fat and fiber." § 313. Cream-X-Cel-O. A vegetable ice cream powder termed "Cream-X-CelO," was labeled as follows: "Contains a high percentage of cream and butter fat." The article did not contain a "high" percentage of cream and butter fat, but did contain a low percentage. It was considered that it was mislabeled.1 § 313a. Crown Glossine. A product was labeled "Crown Glossine, with Chocolate Flavor and harmless color." It contained 27 parts per million of arsenic. It was held to be mislabeled.1 § 314. Curacao. A liquor was labeled as follows: "Curacao La Forge Fils & Cie., Liqueur Superfine A. De Claremont Compagnie Concessionaires." "Compounded and distributed by A. De Claremont Co., New York, N. Y." "Cette Liqueur a été préparée avec des matières premières absolument pures et de qualité irréprochable. Elle se recommande comme digestif hygiénique des plus agréables. La Forge Fils & Cie.' It was manufactured in this country. It was adjudged to be mislabeled, in that the label held out the inference. that it was made in France.1 § 315. Custard. An article labeled "Custard" is mislabeled if cornstarch be substituted for eggs.1 6 N. J. 758; N. J. 794; N. J. 798. 1 N. J. 402. 1 N. J. 972. 1 N. J. 746. 1 N. J. 166. § 316. Eggs. 2 To label eggs as 'pure and wholesome" when they are in part of a filthy, decomposed and putrid animal substance is to mislabel them.1 A substance labeled "Egg Noodles" or "Egg Macaroni" is mislabeled if it contains little or no egg material; for such a label indicates that the principal ingredient of such a food is egg. To brand a case of eggs as "Fresh Eggs" when they are not is to violate the statute.3 Eggs marked "A No. 933" are misbranded if they are in whole or in part filthy, decomposed, and in a moldy condition and unfit for food. A product labeled "Eg Nutrine, Whole Egg Substitute," and "1 lb. Eg Nutrine dissolved in one gallon of water compares in working properties to one gallon or seven or eight dozen fresh eggs;" and which consists of cornstarch, gum tragacanth and considerable proteid substances, and which contains water 6.89 percent, proteids 3.40 percent, fat 0.14 percent, ash 0.76 percent, lecithin P2 0, 0.0064 percent, carbohydrates by difference 88.81 percent, sucrose 30.78 percent, is misbranded.5 2 4 § 317. Extract of Banana. A liquid labeled "Pure Concentrated Extract of Banana" is mislabeled if it be not an extract of banana, but a mere imitation of banana flavor.1 § 318. Extract of Lemon. A liquid was labeled as follows: [On Carton.] "King B Concentrated Extract of Pure, Imitation, Lemon. From the Laboratory of Ullmann, Dreifus & Co., Cincinnati, Ohio. For Flavoring ice cream, soda water, custard, cakes, jellies, confections, etc. The delicious flavor possessed by King B Concentrated Extract is due to the excellence of the materials used, and to the great care with which they are prepared." 1 N. J. 675. 2 N. J. 652. 3 N. J. 7; N. J. 22. 4 N. J. 295; N. J. 272. 5 N. J. 991. See also N. J. 969. 1 N. J. 405. [On Bottle.] "King B Compound citrol and lemon, Colored, manufactured by Ullmann, Dreifus & Co., Cincinnati, O.” This liquid was adulterated, in that a dilute solution of alcohol was substituted wholly or in part for lemon flavor; the article did not contain any oil of lemon, and not more than a trace of citrol derived from the oil of lemon, and was not even an "imitation" extract of lemon because of the substances enumerated. This was held to be a misbranding and a false label. A product labeled "Terpeneless Lemon Flavor" which contains 0.08 percent citrol and an artificial coloring is mislabeled. To label a product as "Strictly Pure Flavoring Extract of Lemon. Color Simulated," is to mislabel it if it contains dilute extract of lemon.3 A representation that a liquid contains lemon oil when it does not is a mislabeling. Lemon extract is the flavoring extract prepared from oil of lemon or from lemon peel, or both, and contains not less than 5 percent by volume of lemon oil. Therefore, any substance labeled "Extract of Lemon" that does not contain this percentage is mislabeled." A substance labeled "Extract of Lemon" which contains methyl alcohol is mislabeled; so is one colored with coal tar dye. "A great deal of testimony has been offered here," said the court in its charge to the jury in one case, "as to whether the words 'lemon extract' and 'lemon flavor' are used in the trade as synonymous terms. It is for you to determine from the evidence whether or not the terms 'lemon flavor,' and 'lemon extract' are synonymous and mean one and the same thing. The contention of the government is that 'lemon ex 1 N. J. 689; N. J. 684; N. J. 637; N. J. 774; N. J. 918; N. J. 966; N. J. 1029. 2 N. J. 662; N. J. 661; N. J. 660; N. J. 141; F. I. D. 444. 3 N. J. 644. 4 N. J. 56; N. J. 91; N. J. 136; N. J. 149; N. J. 237; N. J. 259; N. J. 536; N. J. 774. 5 N. J. 115; N. J. 147; N. J. 152; N. J. 277; N. J. 281; N. J. 313; N. J. 339; N. J. 411; N. J. 444; N. J. 601; N. J. 774; N. J. 823. 6 N. J. 339; N. J. 823. |