F. & D. No. 751.
I. S. No. 19853-a.	
Issued November 12, 1910.
United States Department of Agriculture,
OFFICE OP THE SECRETARY.
NOTICE OF JUDGMENT NO. 644, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF LEMON EXTRACT.
On or about June 4, 1908, the Hall-Whitney Manufacturing Com??
pany, a corporation, Binghamton, N. Y., shipped from the State of?
New York to the State of Indiana a quantity of a food product la??
beled " Finest quality. E. & E. Trade Mark. Strictly Pure Flavor??
ing Extract of lemon. Color simulated. Guaranteed under the Food?
and Drugs Act of June 30, 1906. Serial No. 2959. Distributers?
Erwin & Eberwine, Evansville, Ind." Samples from this shipment?
were procured and analyzed by the Bureau of Chemistry, United?
States Department of Agriculture, and as it appeared from the find??
ings of the analyst and report thereon that the product was adul??
terated and misbranded within the meaning of the Food and Drugs?
Act of June 30, 1906, the Secretary of Agriculture afforded the said?
Hall-Whitney Manufacturing Company and the party from whom?
the samples were procured opportunities for hearings. As it ap??
peared after hearings held that the said shipment was made in viola??
tion 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 Northern District of New York?
against the said Hall-Whitney Manufacturing Company, charging?
the above shipment and alleging that the product so shipped was?
adulterated, in that dilute extract of lemon had been unlawfully and?
knowingly substituted wholly or in part for strictly pure flavoring?
extract of lemon, which the product purported to be; and alleging?
that the product was misbranded, in that the label and the representa??
tions and statements contained thereon were false and misleading and?
intended and calculated to deceive the purchaser of the product,
63054??No. 644?10
because said label and printed statements represented the product to?
be strictly pure flavoring extract of lemon when, in truth and in fact,?
it was not a strictly pure extract of lemon, but was in fact adulterated?
by the substitution of the dilute extract of lemon.
On December 8, 1909, the defendant entered a plea of guilty to the?
above information and the court imposed 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, October 6,1910.
644