(N. J. 30.)
MISBRANDING OF A DRUG PRODUCT (CONCENTRATED OIL OF PINE
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 that on 
the 10th day of September, 1908, in the district court of the United 
States for the western division of the southern district of Ohio, in 
a criminal prosecution by the United States against William E. 
Pilkinton and A. P. Foose, doing business under the firm name of 
Globe Pharmaceutical Company, at Dayton, Ohio, for violation of 
section 2 of the aforesaid act in shipping and delivering for ship- 
ment from the State of Ohio to the District of Columbia a misbranded 
drug product; that is to say, a preparation labeled and branded 
" Concentrated Oil of Pine Compound," the following judgment was 
entered:
THE UNITED STATES OF AMERICA 
vs. 
WILLIAM E. PILKINTON AND ALPHONSE P. FOOSE, UNDER THE 
FIRM NAME OF GLOBE PHABMACEUTICAL COMPANY.
This day came the district attorney on behalf of the United States, and the 
defendants being present in court in the custody of the marshal and haying
been arraigned at the bar of this court and said information read to them, for 
plea say they are guilty in manner and form as charged and throw themselves 
upon the mercy of the court.
And the district attorney moving for sentence, the court pronounced the fol- 
lowing sentence, to wit: That each of said defendants pay a fine of five ($5.00) 
dollars and the costs of this prosecution to be taxed.   And said fine and costs 
are paid.
The facts in the case were as follows:
On November 22, 1907, an inspector of the Department of Agri- 
culture purchased from the Washington Wholesale Drug Exchange, 
Washington, D. C, samples of a product labeled as follows: " Con- 
centrated Oil of Pine Compound. The Globe Pharmaceutical Co., 
Dayton, Ohio."
One of the samples was subjected to analysis in the Bureau of 
Chemistry of the Department of Agriculture, and the result obtained 
showed that it consisted of a mixture of fixed oil, a resinous sub- 
stance, and a small amount of volatile oil obtained by steam distilla- 
tion resembling turpentine.
It was evident that the product was misbranded for the reason that 
the composition did not in any way warrant the use of the name 
" Concentrated Oil of Pine Compound," and the statement that it 
was such was false, misleading, and deceptive.
The Secretary of Agriculture having duly afforded the manufac- 
turers an opportunity to show any fault or error in the findings of 
the analyst and they having failed to do so, the facts were reported 
to the Attorney-General and the case referred to the United States 
attorney for the southern district of Ohio, who filed an information 
against the said defendants with the result hereinbefore stated.
H. W. WILEY, 
F. L. DUNLAP, 
GEO. P. MCCABE, 
Board of Food and Drug Inspection. 
Approved.:
JAMES WILSON,
Secretary of Agriculture. 
WASHINGTON, D. C, November £8,1908.
(ja. J. 3i.) 
ADULTERATION   AND   MISBRANDING   OF   BUCKWHEAT   FLOUR.
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 September, 1908, in the district court of the United
6
States for the district of'Maryland, in a criminal prosecution by the 
United States against Charles Read, trading as C. Read & Company, 
for violation of section 2 of the aforesaid act in shipping and deliver- 
ing for shipment from Maryland to Delaware an adulterated and 
misbranded food product, that is to say, a product labeled and 
branded " Rolan Self Yeasted Mountain Buckwheat," the said Charles 
Read entered a plea of guilty, whereupon the court imposed upon him 
a fine of $25.
The facts in the case were as follows:
On December 18, 1907, an inspector of the Department of Agri- 
culture purchased from Henry M. Lodge, Wilmington, Del., samples 
of a product labeled as follows: " Rolan Self Yeasted Mountain 
Buckwheat. One Pound. C. Read & Company, Baltimore, Md." 
A sample was subjected to analysis in the Bureau of Chemistry and 
the results showed that the product consisted of a mixture of buck- 
wheat and maize.
In " Standards of Purity for Food Products," established under 
authority of the act of March 3, 1903, and published as Circular 19, 
Office of the Secretary, U. S. Department of Agriculture, buckwheat 
flour is defined as follows:
Buckwheat flour is bolted buckwheat meal and contains not more than twelve 
(12) per cent of moisture, not less than one and twenty-eight hundredths (1.28) 
per cent of nitrogen, and not more than one and seventy-five hundredths (1.75) 
per cent of ash.
It was5 evident that the product was both adulterated and mis- 
branded; adulterated because it purported to be a buckwheat flor 
when, in fact, another substance, maize, had been mixed with it and 
substituted in part for the article. It was misbranded for the rea- 
son that it was labeled " Buckwheat," whereas it consisted of a mix- 
ture of buckwheat and maize.
The Secretary of Agriculture having on April 9,1908, afforded the 
manufacturer and dealer an opportunity to show any fault or error 
in the aforesaid analysis, and they having failed to do so, the facts 
were duly reported to the Attorney-General and the case referred to 
the United States attorney for the district of Maryland, who filed 
an information against the said Charles Read with the result herein- 
before stated.
H. W. WILEY, 
F. L. DUNLAP, 
GEO. P. MCCABE, 
Board of Food and Drug Inspection. 
Approved:
JAMES WILSON,
Secretary of Agriculture. 
WASHINGTON, D. C., November 28, 1908.