NOTICE OF JUDGMENT NO. 1152.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF BITTERS.
On June 8, 1911, the United States Attorney for the Southern 
District of New York, acting upon a report by the Secretary of 
Agriculture, filed information in the Circuit Court of the United 
States for said district against the Italian Importing Co., importers, 
alleging the shipment by it, in violation of the Food and Drugs Act, 
on or about March 15, 1910, from the State of New York into the 
State of Washington of a quantity of bitters1 "Fernet Milano" which 
was misbranded. The product was labeled: "Fernet Milano. Ver- 
mifuge and Febrifuge. The only liquor that possesses the true and 
genuine process recognized and approved by various professors. The 
only Fernet because of being prepared in altogether a special manner. 
Has all the qualities recognized in such lands of liquor and has the 
effect of preventing and causing to cease disturbances owing to sea 
voyages. No one then can fail to consider it as indispensable for a 
good voyage. It may be taken at any time in a glass of water or 
mixed in any kind of liquor or drink. It should be taken as soon as 
the first symptoms of vomiting manifest themselves. To prevent 
counterfeits every label will bear the signature 'Fernet Milano, and 
the capsule as fastened to the neck of the bottle with another label 
bearing the same signature." (Supplementary label on back of bot- 
tle) "The original contents of this package constitute a compound. 
Compounded and Bottled in New York, N. Y. Guaranteed under 
the Food and Drugs Act, June 30, 1906.    U. S. Serial No. 19441."
1 Translated from Italian label. 
11904°—No. 1152—11
2
Analysis of a sample of said product by the Bureau of Chemistry 
of the United States Department of Agriculture gave the following 
results:
Sp.gr. (15.6° 0.) 
0.9670
Grams per 100 co.
Extract by drying. 
1. 09
Non-sugar solids 
87
Ash 
06
Alcohol by volume (per cent) 
33.12
Methyl alcohol  
None.
Acid as acetic 
.01
Reducing sugar as invert 
22
Sucrose (Clerget) 
None.
Direct polarization 21° C. (26 grams) 
(° V.)..    0. 8
Invert polarization 21° C 
(° V.)..    0. 6
Color, very dark brown, due mainly to caramel. Dealcoholized product shows 
considerable residue and odor of medicinal herbs.
Misbranding was alleged for the reason that the statement "Fernet 
Milano" is misleading and deceptive as it conveys the impression that 
this product is of foreign manufacture when in fact it is an article. 
of domestic manufacture made in New York City, and further, because 
the statement "has the effect of preventing and causing to cease dis- 
turbances owing to sea voyages" is misleading and deceptive as it 
conveys the impression that this product possesses therapeutic prop- 
erties capable of preventing seasickness, when it possesses no such 
therapeutic value, and for the further reason that the analysis showed 
the product to contain 33.12 per cent alcohol of which no statement 
is made on the package or label.
On July 7, 1911, the defendant corporation pleaded guilty and was 
fined $25.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, September SO, 1911.
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