F. & D. Nos. 1429 and 1467.
I. S. Nos. 12159-b, 12160-b. 14959-b, and 14960-b.	
Issued July 13, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 936, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF JAMAICA GINGER AND OF?
FLATORING EXTRACTS  (PEPPERMINT AND WINTERGREEN).
On or about December 4, 1909, Sylvester Liebenthal and Melville?
Liebenthal, doing business under the firm name of Liebenthal Bros. &?
Co., Cleveland, Ohio, shipped from the State of Ohio into the State?
of Colorado a consignment of two food products labeled " Pepper??
mint Extract Cmpound. Lenora Brand. Peppermint Extract Arti??
ficially Colored. This peppermint extract has been carefully pre??
pared and is an article which has attained the same high standard as?
all our Lenora brands," and " Jamaica Ginger Compound. Arti??
ficially Colored. Lenora Brand Jamaica Ginger. Ginger Extract.?
This ginger extract has been carefully prepared and is an article?
which has attained the same high standard as all our Lenora brands,"?
and on December 22, 1909, the said firm shipped from the State of?
Ohio into the State of Pennsylvania a consignment of two food?
products, one of which was identical with the peppermint extract?
above referred to, and the other was labeled " Wintergreen Extract.?
Artificially Colored. Lenora Brand. This wintergreen has been?
carefully prepared and is an article which has attained the same high?
standard as all our Lenora brands." Samples from these shipments?
were procured and analyzed by the Bureau of Chemistry, United?
States Department of Agriculture, and the peppermint extracts were?
found to be highly dilute solutions containing little or no oil of pep??
permint. The ginger extract was found to be a highly dilute solu??
tion of ginger extract not over half the standard of such article, and?
the wintergreen extract was found to be a highly dilute solution con??
taining little or no oil of wintergreen. As the findings of the ana??
lyst and report thereon indicated that the above products were adul??
terated and misbranded within the meaning of the Food and Drugs?
Act of June 30, 1906, the said Sylvester and Melville Liebenthal and?
the parties from whom the samples were procured were afforded?
opportunities for hearings. As it appeared after hearings held that?
the above 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.
99169??No. 936?11
On August 15, 1910, a criminal information was filed in the Dis??
trict Court of the United States for the Northern District of Ohio?
against the said Sylvester Liebenthal and Melville Liebenthal, charg??
ing the above shipments and alleging that the peppermint extracts?
were adulterated because dilute solutions containing little or no oil?
of peppermint had been mixed and packed with the articles so as to?
reduce or lower or injuriously affect the quality and strength thereof,?
and had been substituted wholly or in part for the articles, and that?
said peppermint extracts were misbranded because they were labeled?
as above set forth, thereby conveying the impression that the products?
were peppermint extracts and contained oil of peppermint, when in?
truth and in fact the articles contained little or no oil of peppermint.?
The information also alleged that the Jamaica ginger extract so?
shipped was adulterated because a dilute Jamaica ginger extract had?
been mixed and packed with the product so as to reduce, lower, and?
injuriously affect its quality and strength, and had been substituted?
wholly or in part therefor, and that it was misbranded because it was?
labeled as above set forth, which label was false and misleading and?
such as to cause the purchaser to believe that it contained a Jamaica?
ginger extract, when in truth and in fact it contained a dilute?
Jamaica ginger extract of one-half the required strength. The in??
formation further alleged that the wintergreen extract was adulter??
ated because a dilute solution containing no oil of wintergreen had?
been mixed and packed with the article so as to reduce, lower, or in??
juriously affect its quality and strength, and had been substituted?
wholly or in part for the article, and that the product was mis??
branded because it was labeled as above set forth, which label was?
false and misleading and such as to cause the purchaser to believe?
that the product was a wintergreen extract, when in truth and in?
fact it was not a wintergreen extract, but a solution containing no?
oil of wintergreen, a necessary ingredient of wintergreen extract.
On February 16, 1911, the above defendants entered a plea of nolo?
contendere to the above information, whereupon the court imposed?
a joint fine of $50 and costs.
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 7,1911.
936