F. & D. No. 520.
I. S. No. 3369.	
Issued September 6,1910.
United States Department of Agriculture,
OFFICE  OF  THE  SECRETARY.
NOTICE OF JUDGMENT NO. 536, FOOD AND DRUGS ACT.
ADULTERATION AND  MISBRANDING  OF EXTRACT OF LEMON.
On or about May 1, 1907, Closset & Devers, a corporation, Port??
land, Oreg., shipped from the State of Oregon into the State of?
Washington a consignment of a food product labeled "Devers'?
Golden West Triple Extract of Lemon." Samples from the above?
shipment were procured and analyzed by the Bureau of Chemistry,?
United States Department of Agriculture, and as the findings of?
the analyst and report made indicated that the product was adul??
terated and misbranded within the meaning of the Food and Drugs?
Act of June 30, 1906, the said Closset & Devers and the party from?
whom the samples were procured were afforded opportunities for?
hearings. As it appeared after hearings held that the above ship??
ment was 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 against the said?
Closset & Devers in the District Court of the United States for the?
District of Oregon, charging the above shipment and alleging that?
the product shipped as aforesaid was adulterated in this, that a?
valuable constituent of lemon extract as a food, to wit, lemon oil,?
had been abstracted therefrom, and that the said Closset & Devers,?
prior to the shipment of the lemon extract hereinbefore mentioned,?
and the introduction thereof into the State of Washington, as afore??
said, mixed therewith an unknown article which artificially colored?
the same, thereby concealing the inferiority thereof, and alleging?
that the product in question was misbranded in this, that the same?
contained no lemon oil but was a terpeneless extract of lemon, and?
that the case in which said bottles were contained and the bottles?
containing said lemon extract were labeled as above set forth, the
55533?-No. 536-10
statement on said label being false and misleading and calculated?
and intended to represent to intending purchasers of the same that?
lemon oil was a valuable ingredient and constituent thereof, when?
in truth and in fact said pretended lemon extract contained no?
lemon oil.
On May 5, 1909, defendant entered a plea of not guilty to the?
above information, but subsequently, on June 18, 1909, withdrew?
said plea of not guilty and entered its amended plea of guilty. Where??
upon the court imposed a fine of $25 and costs of prosecution.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, July 29, 1910.
536