tf. & D. Nos. 790 and 840.
I. S. Nos. 12211-a and 12239-a.	
Issued August 13, 1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 480, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF LEMON EXTRACT.
On or about August 19 and October 15,1908, Clark W. Earll, doing?
business as Earll Coffee Company, Kansas City, Mo., shipped from?
the State of Missouri to the State of Kansas two consignments of a?
food product labeled " Earll's Terpeneless Lemon Flavoring, Vege??
table Coloring." Samples from these shipments were procured and?
analyzed by the Bureau of Chemistry, United 'States Department of?
Agriculture, and as the findings of the analyst and report thereon?
indicated that the product was adulterated and misbranded within?
the meaning of the Food and Drugs Act of June 30, 1906, the Sec??
retary of Agrictulture afforded said Clark W. Earll, and the dealers?
from whom the samples were purchased, opportunities for hearings.?
As it appeared after hearings held that said shipments were made in?
violation of the act, the Secretary of Agriculture reported the facts to?
the Attorney-General, with a statement of the evidence upon which to?
base a prosecution.
In due course a criminal information was filed in the District Court?
of the United States for the Western District of Missouri against?
said Clark W. Earll, charging the above two shipments, and alleging?
that the product was adulterated within the meaning of the act, in?
that a liquid substance purporting to be terpeneless lemon flavoring?
with vegetable coloring had been mixed and packed with other sub??
stances so as to reduce and lower and injuriously affect the quality?
and strength of the product, which said liquid substance had been?
artificially colored and stained in a manner whereby damage and in??
feriority were concealed, and contained an added poisonous and dele??
terious ingredient, to wit, methyl (wood) alcohol, which rendered?
such article injurious to health; and further alleging the product to?
be misbranded within the meaning of the act, in that its label, above?
set forth, represented it to be a "Terpeneless Lemon Flavoring, Vege??
table Coloring," when, in truth and in fact, it was merely an imitation?
thereof, artificially colored, and offered for sale under the distinctive?
name of another article, to wit, " Terpeneless Lemon Flavoring, Vege??
table Coloring," the bottles containing said product being labeled and?
marked so as to deceive and mislead the purchaser.
52789??No. 480?10
On May 5, 1910, the case coming on for hearing, defendant entered?
a plea of guilty to the above information and the court imposed a?
fine of $10 and costs of prosecution in the case of each of the above?
shipments.
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, June 25,1910.
480