tract' and 'lemon flavor' both mean the same article, while the defendant contends that they do not. It is for you to determine whether by 'lemon extract' and by 'lemon flavor' is meant the same thing in the business world-in the trade, and whether or not the brand upon this bottle of 'lemon flavor' would indicate to the purchaser that it was an article like or equivalent to 'lemon extract'."8 A fluid was labeled "Messina Lemon Extract, one ounce, fruit acid 50 percent solution one and one-half to two ounces, crystal foam onefourth ounce. An analysis showed the following results: Alcohol by volume 33.5 percent, solids 1.28 percent, oil by volume none, citrol percent by weight 0.06, and color natural. It was held that the product was mislabeled. A bottle was labeled "Extract of Lemon, half strength." It did not contain half strength; and it was adjudged mislabeled.10 Another fluid was labeled "Extract of Lemon." An analysis showed these results: "Lemon oil by ppt. none, lemon oil by polar none; sp. gr. 15.6° C. 0.9850; citrol 0.11 percent, alcohol by volume 21.20 percent." It was adjudged that the product was mislabeled.11 A label was as follows: "New York Brand Extract Lemon Compound. Formula: Citrol, Lemon Juice, Alcohol, Water. Color Lemon Yel." An analysis showed the following results: "Specific gravity 0.9910, solids 0.32 percent, lemon oil by polarization 0.0 percent, lemon oil by precipitation 0.0 percent, alcohol 7.30 percent, citrol 0.013 percent, citric acid absent, reaction alkaline, colored with naphthol yellow S, methyl alcohol absent." It was adjudged that the product was mislabeled. 12 A product was labeled "Lemon Flavor Artificial Crown Extracts." An analysis showed the following: "Specific gravity 0.9959, ethyl alcohol 13.87 percent, methyl alcohol absent, lemon oil absent, citrol 0.064 percent, solids (principally glycerin), color coal tar dye naphthol yellow S." It was held that it was mislabeled.13 A substance labeled "Oil of Lemon about .04, Alcohol about .58, Water about 38, Color a trace,' 8 N. J. 194. 9 N. J. 733. 10 N. J. 738. 11 N. J. 739. which contained about 44.65 percent alcohol by volume and 1.06 percent oil of lemon by volume, is misbranded.11 § 319. Extract of Orange. The label "Extract of Orange Soluble Terpeneless" tends to lead the purchaser into the belief that the product thus labeled is a pure terpeneless orange extract; and if the substance thus labeled is diluted and contains no oil of orange, it is mislabeled.1 A label was as follows: "Extra Extract Orange." An analysis showed the following results: "Sp. gr. at 15.6° C. 0.9471, orange oil none, aldehyde as citrol 0.07 percent, color-not coal tar-apparently natural, ethyl alcohol by volume 44.60 percent. It was held that the product was mislabeled.2 § 320. Extract of Peach. To label a substance "Extract of Peach" which is only an imitation of that product is to violate the statute.1 § 321. Extract of Peppermint. Where a product was labeled "Extract of Peppermint," and it contained less than three percent of the oil of peppermint, it was adjudged misbranded.1 § 322. Extract of Pineapple. A liquid was labeled "Pure Concentrated Extract of Lemon." An analysis of it showed the following result: This was held to disclose practically the total absence of the sapid and odorous principles of pineapple, and hence was 14 N. J. 1029. 1 N. J. 661. 2 N. J. 739. 1 N. J. 520. 1 N. J. 775. adulterated and misbranded. "A flavoring extract, as recognized by reliable manufacturers and dealers is a solution,' it was said, "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."" § 323. Extract of Rose. A product was labeled "Extract of Rose." An analysis showed the following: Oil by gravimetric determination 0.35 percent, and coal tar dye and other undetermined coloring matter. The product was a solution of oil in strong alcohol plus artificial color. It was held that it was mislabeled.1 § 324. Extract of Strawberry. To label a liquid "Extract of Strawberry" that is an imitation of that liquid, colored to conceal its inferiority, is to violate the statute.1 A sample analyzed showed the following results: Specific gravity (15.5° C.).. Alcohol by volume (percent). Esters as amyl acetate (percent).. 0.9786 41.30 1.72 Coal tar dye. The analysis, it was held, showed practically the total absence of the sapid and odorous principles of the strawberry, properties derived from aromatic plants and necessary in extracts, and therefore the article was misbranded.2 § 325. Extract of Vanilla. A product labeled "Flavoring Extract of Pure Vanilla" is mislabeled if it contains vanillin and caramel, or coumarin 1 N. J. 152. 1 N. J. 739. 1 N. J. 91; N. J. 218; N. J. 246; N. J. 380; N. J. 892; N. J. 939. PURE FOOD25. 2 N. J. 143. 1 N. J. 663; N. J. 659; N. J. 774; N. J. 740; N. J. 842. and alcohol. A bottle labeled "Vanilla." "Scientifically prepared. Colored with harmless color," is mislabeled when the latter words are in so small type as to mislead the purchaser into believing that the bottle contained extract of pure vanilla when it contained an imitation of vanilla artificially colored.3 Vanilla extract is a flavoring extract prepared from vanilla bean, with or without sugar or glycerin, and contains in one hundred cubic centimeters the soluble matters from not less than ten grains of vanilla bean. Consequently, a liquid as follows is adulterated: Volume (c.c.) 122, vanillin (percent) 0.049, resins practically none and coal tar dye present. So this analysis shows an adulteration: To brand it "Vanilla Extract" is to violate the statute.* A bottle was labeled: "One one-fourth ounce .... Extract of Vanilla, half strength. Infused with vanillin." An analysis showed the following results: "Vanillin 0.25 percent, coumarin none, acetanilide none, resins trace, Leach test negative, alcohol potash test negative, lead number 0.30 percent, artificial color lead acetate filtrate none, natural color high amyl alcohol test normal." It was held that the bottle was mislabeled. A food product was labeled as follows: (on bottle): "Shepard's Economical Brand Extracts. Vanillin Vanilla flavor, sugar color Serial No. 11648. Manufactured by Shepard Baking Powder Co., St. Louis;" (on carton): "Shepard's Economical Brand Extracts. Vanillin vanilla flavor. Guaranteed economical, sugar colored. We guarantee under the Food and Drugs Act of June 30, 1906. Manufactured by 2 N. J. 662; N. J. 619. 3 N. J. 640. 4 N. J. 14; N. J. 48; N. J. 123; N. J. 139; N. J. 148; N. J. 242; 5 N. J. 738. Shepard Baking Powder Co., St. Louis, Mo. Shepard's for quality. Shepard's Economical flavoring can be secured in the following flavors, vanilla, strawberry, orange, pineapple, lemon, raspberry, almond, banana. Fruit coloring, perfectly harmless. Shepard's vanilla;" (on paper box in which packed): "Shepard's Economical Brand Flavoring Extracts. Mfgd. by Shepard Baking Powder Co., St. Louis, Mo. Shepard's baking powder and pure extracts. Shepard's vanilla. Shepard's." Samples from this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was found to contain vanillin 0.248 percent, coumarin 0.028 percent, color caramel and alcohol by volume 7.54 percent. It was held that it was misbranded." A substance labeled as "Vanilla Bean .100, Vanillin .012, Coumarin .001, Alcohol and Water .677, Sugar 200, Caramel .010," which contains an artificial colored solution containing alcohol by volume 8.86 percent, vanillin 0.606 percent, coumarin 0.03 percent, and no vanilla resins, is misbranded." § 326. Failure to State Contents. A failure to state on the label that a medicine contained morphine is misbranding; or that a headache cure contained acetanilid; or that an alleged cancer cure contained 31.8 percent of acetanilid." § 327. False Statement as to Amount Used in Preparation. A false statement as to the amount of a particular drug used in a preparation subjects it to condemnation.1 A statement upon a product of food that "It has accomplished a great work with the sick," can not be used upon a label unless it is the truth.2 |