NOTICE OF JUDGMENT NO. 1029.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTEEATION AND MISBRANDING OF LEMON EXTRACT AND
VANILLA EXTRACT.
On November 18, 1910, the United States Attorney for the District 
of Massachusetts, acting upon the report of the Secretary of Agri- 
culture, filed information in the District Court for said district 
against Charles Crompton, doing business under the name of Charles 
Crompton & Sons, alleging shipment by him, in violation of the Food 
and Drugs Act, on January 13, 1911, from the State of Massachusetts 
into the State of New Hampshire, of a certain quantity of lemon 
extract and vanilla extract, which were adulterated and misbranded. 
The labels on the packages containing the lemon extract and the 
vanilla extract contained the following statements, respectively: 
" Crompton's Bay State Brand Extracts, Essences, and Tinctures 
Lemon. has. Crompton & Sons, Lynn, Mass. Formula. Oil of 
Lemon, about .04, Alcohol about .58, Water, about .38, Color, a trace." 
and " Crompton's Bay State Brand Extracts, Essences, and Tinc- 
tures Vanilla. Formula: Vanilla Bean .100, Vanillin, .012, Cou- 
marin .001, Alcohol and Water .677, Sugar, .200, Caramel .010. 
Guaranteed by Charles Crompton & Sons, under the Food and Drugs 
Act of June 30, 1906, Serial No. 1419."
Analyses by the Bureau of Chemistry of the United States De- 
partment of Agriculture showed the so-called lemon extract to be an 
artificially colored solution, containing about 44.65 per cent alcohol 
by volume and 1.06 per cent oil of lemon by volume, and the so-called 
vanilla extract to be an artificially colored solution containing alcohol 
by volume 8.86 per cent, vanillin 0.606 per cent, coumarin 0.03 per 
cent, and no vanilla resins.
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Adulteration of the so-called lemon extract was alleged in the first 
count of the information for the reason that lemon extract is known 
to the trade and generally understood by the public to be the flavoring 
extract prepared from oil of lemon or from lemon peel, or both, and 
contains not less than 5 per cent by volume of oil of lemon, whereas 
there had been mixed and packed with said lemon extract a substance, 
to wit, a dilute terpeneless extract of lemon, so as to reduce and lower 
and injuriously affect its quality and strength. Misbranding of said 
lemon extract was alleged because the label contained the statements 
that said product was a lemon extract and contained about 4 per cent 
of oil of lemon, which said statements were false and misleading, in 
that said product was not a lemon extract and did not contain about 
4 per cent of oil of lemon, but contained only 1.6 per cent of said oil 
of lemon.
Misbranding of the so-called vanilla extract was alleged because 
vanilla extract is known to the trade and generally understood by the 
public to be the flavoring extract prepared from vanilla beans, with 
or without sugar or glycerine, and contains in 100 cubic centimeters 
the soluble matters from not less than 10 grams of the vanilla bean, 
whereas the label on the package containing the aforesaid vanilla 
extract stated the contents to be vanilla extract and to contain about 
one-tenth part of vanilla bean, which said statements were false and 
misleading, in that said product was not a vanilla extract and did 
not contain about one-tenth part of vanilla bean.
On May 10, 1911, the defendant was tried by a jury. No evidence 
was introduced concerning the Adulteration of the aforesaid lemon 
extract, as alleged in the first count of the information, and the 
defendant was found not guilty thereon, but a verdict of guilty was 
rendered by the jury on the second and third counts of said infor- 
mation.
On May 12, 1911, the defendant was sentenced to pay a fine of $50, 
which fine was immediately paid.
JAMES WILSON, 
Secretary of Agriculture.
WASHINGTON, D. C, July &£, 1911.
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