(N. J.  135.)
MISBRANDING OF YANILLA EXTRACT.
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 24th day of April, 1909, in the district court of the United States?
for the district of Maryland, in a prosecution by the United States?
against McCormick & Co., of Baltimore, Md., a body corporate, for?
violation of section 2 of the aforesaid act, in shipping and delivering
for shipment from Maryland to Virginia a misbranded vanilla ex??
tract, said McCormick & Co. entered a plea of guilty and the court?
imposed upon it a fine of $20.
The facts in the case were as follows:
On April 15, 1908, an inspector of the Department of Agriculture?
purchased from A. Brinkley & Co., Norfolk, Va., a sample (I. S.?
No. 1793-a) of an article of food labeled " Silver Medal Concen??
trated Flavoring Vanilla Compound. Vanilla Bean, .33?; Vanillin,?
.45?; Coumarin, .12?; Alcohol, 30.?; Syrup, 70.?; Color, Q. S.?
Silver Medal Extract Co. Guaranteed under Food and Drugs Act,?
June 30, 1906. Guaranty No. 1417." The sample was analyzed in?
the Bureau of Chemistry of the United States Department of Agri??
culture and the following results obtained and stated:
Alcohol by  volume   (per cent)?
13.62
Methyl  alcohol?
 None.
Vanillin (percent)?
      .16
Coumarin (percent)?
        .055
Total solids (per cent)?
27.44
Coloring matter?
Caramel.
Precipitate with lead acetate.
Vanilla extract, or flavor, as recognized by reliable manufacturers?
and dealers, is the flavoring extract prepared from the vanilla bean,?
and contains the soluble matters from not less than 10 grams of the?
vanilla bean to each 100 cc. The analysis of the aforesaid sample?
disclosed practically the total absence of extract of the vanilla bean.?
It was misbranded within the meaning of section 8 of the act in that?
it was labeled " Silver Medal Concentrated Flavoring Vanilla Com??
pound " and bore a statement that it was made from the vanilla?
bean, which said statements were false, misleading, and deceptive,?
because it was not vanilla flavoring and did not contain extract of?
the vanilla bean.
It appearing from the aforesaid analysis that the article was mis??
branded, the Secretary of Agriculture gave notice to A. Brinkley?
& Co., the dealers from whom the sample was purchased, and also?
to McCormick & Co., the manufacturer and shipper, and gave them?
an opportunity to be heard. McCormick & Co. being the party solely?
responsible for the 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 misbranded, on April 5, 1909, the?
said Secretary reported the facts and evidence (F. & D. No. 536) to?
the Attorney-General, by whom they were referred to the United?
States attorney for the district of Maryland, who filed an informa??
tion against the said McCormick & Co., with the result hereinbefore
stated.
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C., January 10,1910.