NOTICE OF JUDGMENT NO. 1041.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF PISTACHIO EXTRACT.
In March, 1911, the United States Attorney for the Eastern Dis- 
trict of Missouri, acting upon the report by the Secretary of Agricul- 
ture, filed information in the District Court of the United States 
against the Western Candy & Bakers Supply Co., a corporation, St. 
Louis, Mo., charging shipment by them, in violation of the Food and 
Drugs Act, on or about October 19, 1909, from the State of Missouri 
into the State of Illinois, of " Extract Pistachio," which was adulter- 
ated and misbranded. The label on the bottle was as follows: " Ex. 
Pistachio Western Candy and Bakers Supply Co. Largest supply 
house in the West. Importers and manufacturers of essential oils 
and extracts.    109-11-13 S. 11. St.    St. Louis, Mo."
Analysis by the Bureau of .Chemistry of this Department showed 
the following results:
Specific gravity at 15.5° 
0.9257
Alcohol, per cent by volume 
55.4
Methyl alcohol 
Absent
-Solids, gas. per 100 cc 
1.22
Ash, gas. per 100 cc 
0.04
Alkalinity of ash, cc. N/10 Hol per 100 gms 
5. 0
Phosphoric acid in ash 
Trace.
Potash in ash 
Trace.
Oxidation in alkaline solution with hydrogen peroxide yielded benzoic
acid. 
Coloring matter: Green coal tar; not identified. 
Organoleptic tests indicate benzaldehyde and essential oils.
Adulteration was, therefore, charged, in that an artificially fla- 
vored and colored substance, not a flavor or extract of pistachio, 
had been mixed and packed with the product so as to reduce, lower, 
and injuriously affect its quality and strength, and in that said arti-
6392°—No, 1041—11
ficially flavored and colored substance had been substituted wholly 
or in part for the product; and further, in that an artificially colored 
and flavored matter had been mixed with said product in a manner 
whereby its inferiority was concealed. Misbranding was charged, 
in that the label " Ex. Pistachio " was false and misleading because 
the product was not a true extract of pistachio, but an artificially 
flavored and colored preparation, and the label therefore was cal- 
culated to deceive and mislead the purchaser.
On April 14, 1911, the defendant pleaded guilty and was fined $10 
on each count, and costs, totaling $20 and costs, which was paid.
JAMES WILSON, 
Secretary of Agriculture. 
WASHINGTON, D. C, August 4, 1911.
1041
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