P. & D. No. 1686.
I  S. No. 17498-b.	
Issued Febi uary 20,  1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 733, FOOD AND DEUGS ACT.
ADULTERATION   AND   MISBRANDING   OF   EXTRACT   OF   "MESSINA
LEMON."
On or about April 7, 1910, the Warner-Jenkinson Company, a cor??
poration, St. Louis, Mo., shipped from the State of Missouri into the?
State of Michigan a consignment of a food product labeled: " Pure?
Extract Messina Lemon. Directions; Messina Lemon Extract, one?
ounce, fruit acid 50 per cent, solution \\ to 2 ounces, crystal foam \?
oz., Guaranteed by the Manufacturer under the Food and Drugs?
Act of June 30, 1906, Serial No. 2008, manufactured by the Warner-?
Jenkinson Manufacturing Company, St. Louis, Mo." Samples from?
this shipment were procured and analyzed by the Bureau of Chem??
istry, United States Department of Agriculture, with the following?
results: Alcohol by volume 33.5 per cent, solids 1.28 per cent, oil by?
volume, none, citral, per cent by weight, 0.06, and color natural. As?
the findings of the analyst and report made showed that the product?
was adulterated and misbranded within the meaning of the Food?
and Drugs Act of June 30,1906, the Secretary of Agriculture afforded?
the said Warner-Jenkinson Company, Incorporated, and the party?
from whom the samples were procured opportunities for hearings.?
As it appeared after hearings held that the shipment 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 in the District?
Court of the United States for the Eastern District of Missouri?
against the said Warner-Jenkinson Company, Incorporated, charging?
the above shipment, and alleging that the product so shipped was?
adulterated in that said bottles contained a liquid that was not pure?
extract of Messina lemon, and was not pure extract of lemon; that the?
liquid contained in said bottles contained no oil of lemon, and that?
true extract of lemon and true extract of Messina lemon are made?
from and contain oil of lemon, and that in the manufacture of said?
liquid contained in said bottles, a highly dilute alcoholic solution
76012??No. 733?11
of citral had been substituted for the article, and that said highly-?
dilute alcoholic solution of citral had been mixed and packed with?
the liquid contained in said bottles so as to reduce and lower and?
injuriously affect its quality and strength, and further alleging the?
product to be misbranded in that said bottles contained a liquid?
which was not pure extract of Messina lemon and was not pure?
extract of lemon; that the said liquid contained in said bottles con??
tained no oil of lemon, and that true extract of lemon and true ex??
tract of Messina lemon is made from and contains oil of lemon, and?
that in the manufacture of said liquid contained in said bottles a?
highly dilute alcoholic solution of citral had been substituted for the?
article, and that the said article was an imitation and offered for sale?
under the distinctive name of another article, to wit, pure extract?
of Messina lemon, and that the label thereon was false and mislead??
ing, and that said article was so labeled as to deceive and mislead the?
purchaser.
The defendant entered a plea of guilty to the charge of misbrand??
ing set forth in the above information, and the court imposed a fine?
of $10 and costs. A nolle prosequi was entered against the charge?
of adulteration as set forth in the information.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 190G.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C., January ?0, 1911.
733