I. S. No. 1992-a.
F. & D. No. 610.	
Issued April 7, 1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 245, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF DAMIANA GIN.
On or about November 5, 1908, Henry F. Kaufman shipped from?
New York City ,to Baltimore, McL, a quantity of an article labeled?
" Damiana Gin. A Compound." A sample from the above ship??
ment was procured and analyzed in the Bureau of Chemistry, United?
States Department of Agriculture. As the finding of the analyst?
and report made indicated that the article was adulterated and mis-?
branded within the meaning of the Food and Drugs Act, said Henry?
F. Kaufman, and the party from whom the sample was procured,?
were afforded opportunities for hearings, and as it appeared after?
the hearings held that the aforesaid article was shipped in violation?
of the act, the Secretary of Agriculture reported the fact to the?
Attorney General, together with a statement of the evidence upon?
which to base a prosecution.
In due course, a criminal information was filed against the said?
Henry F. Kaufman in the Circuit Court of the United States for the?
Southern District of New York.
On January 11, 1910, the defendant pleaded guilty to the charges?
in said information, that said article was adulterated because it?
contained added poisonous ingredients?strychnine, brucine, and sali??
cylic acid?which might render it injurious to health; and misbranded?
because the label thereon bore false and misleading devices indicat??
ing that one of the ingredients contained in said article was a sub??
stance possessing aphrodisiac qualities, whereas such was not the?
fact, and because the label thereon represented that damiana was?
present in said article in a substantial amount, whereas damiana was?
present in an insignificant amount, and because said label indicated?
that the article was a gin, whereas it was not a gin. The court im??
posed upon the defendant a fine of $100.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C., February ?8,1910.
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