F. & D. No.  1644.
I.  S.  Nos.  10396-b and 10397-b.	
Issued March 15,  1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 774, FOOD AND DRUGS ACT.
MISBRANDING OF VANILLA FLAYOR AND LEMON FLAVOR.
On or about April 12, 1910, K. J. Schmidt, New York City,?
shipped from the State of New York into the State of New Jersey a?
consignment of flavoring extracts labeled, respectively, " Vanilla?
Flavor Crown Extract K. J. Schmidt, 71 & 75 West Broadway, New?
York", and " Lemon Flavor Artificial Crown Extracts. K. J.?
Schmidt, 71 & 75 West Broadway, New York." Samples from this?
shipment were procured and analyzed by the Bureau of Chemistry,?
United States Department of Agriculture, with the following re??
sults for the vanilla flavor: Vanillin 0.87 per cent, coumarin 0.084?
per cent, Leach test for coumarin positive, lead acetate precipitate?
scant?dark brown, artificial color caramel; and the following re??
sults for the lemon flavor: Specific gravity 0.9959, ethyl alcohol 13.87?
per cent, methyl alcohol absent, lemon oil absent, citral 0.064 per cent,?
solids (principally glycerine), color coal-tar dye naphthol yellow S.
As the analyses and report thereon indicated that the products?
were misbranded within the meaning of the Food and Drugs Act?
of June 30, 1906, the Secretary of Agriculture afforded the said?
K. J. Schmidt 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 state??
ment of the evidence upon which to base a prosecution.
In due course a criminal information was filed in the Circuit Court?
of the United States for the Southern District of New York against?
the said K. J. Schmidt, charging the above shipment and alleging?
that the vanilla flavor so shipped was misbranded in that the label?
of said product bore false and misleading statements in that said?
label indicated that the contents of said bottles was an extract of?
vanilla, whereas in truth and in fact said contents was an imitation?
product, artificially flavored and colored whereby its inferiority was?
concealed.    The information also alleged that the lemon flavor so
81086??No. 774?11
shipped was misbranded in that the label of said bottles was false?
and misleading, and the product was labeled so as to deceive and mis??
lead the purchaser because said label indicated that the product was?
an extract of lemon, whereas, in truth and in fact, it was an artificial?
product consisting of ethyl alcohol and containing absolutely no?
lemon oil.
The defendant entered a plea of guilty to the above information?
and the court imposed a fine of $25.
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, February 13, 1911.
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