F. & D. Nos. 1498 and 1555.
I. S. Nos. 9700-b and 9699-b.	
Issued January 10,   1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1212.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF RASPBERRY EXTRACT AND STRAWBERRY
EXTRACT.
At the July term of the District Court of the United States for the?
Northern District of California, the Grand Jury of the United States,?
within and for said district, acting upon a report of the Secretary of?
Agriculture, returned an indictment against Wellman, Peck & Co.,?
a corporation of said district, charging shipment by it, on or about?
October 7, 1909, in violation of the Food and Drugs act of June 30,?
1906, from the State of California into the State of Nevada, of a?
quantity of raspberry extract and strawberry extract which were mis-?
branded. The products were labeled: (Raspberry extract) "Well-?
man Highest Quality Flavoring Extract Raspberry Flavor, Well-?
man-Peck & Co., Packers and Distributors, San Francisco, Califor??
nia." (Strawberry extract) " Wellman Highest Quality Flavoring?
Extract Strawberry. Wellman, Peck & Co., Packers and Distribu??
tors, San Francisco, California."
Analysis of a sample of each of said products made by the Bureau?
of Chemistry of the United States Department of Agriculture showed?
the following results:
EASPBEBBY   EXTEACT.
Volatile acids as acetic (gram per 100 grams)?
0.03
Esters as ethyl acetate (gram per 100 grams)?
    .TO
Esters as ethyl butyrate (gram per 100 grams)?
   .93
Total solids (percent)?
7.64
Ash   (per cent)?
    .04
Alkalinity of ash (cc N/30 H2SO? per 100 grams)?
3.50
Phosphates In ash, present.
Potash in ash, present
Sugar, none.
Glycerin, present.
Color, Amaranth.
18597 '?No.   1212?-12
STRAWBERRY   EXTRACT.
Specific gravity 15.6?  0/15.6?  0?
   0.9610
Alcohol (per cent by volume)?
 42.2
Solids, including glycerol  (grams per 100 cc)?
    9.20
Ash (grams per 100 cc)?
    0.03
Esters as ethyl butyrate  (grams per 100 cc)?
    0.32
No strawberry extract present. Tests indicate presence of ethyl esters only;?
butyric ethyl ester apparently predominates.
Color; dark red.
Dye; reactions for Amaranth.
Misbranding was alleged against the raspberry extract for the?
reason that said product was represented to be the " highest quality?
flavoring extract of raspberry" when in fact it was not an extract?
of raspberry but an imitation thereof artificially colored, and said?
representation was therefore false and misleading. Misbranding was?
alleged against the strawberry extract because said product was rep??
resented to be the " highest quality flavoring extract strawberry"?
when in fact it was not extract of strawberry but an imitation thereof?
artificially colored, and said representation was therefore false and?
misleading.
On November 19, 1910, the defendant corporation entered a plea?
of guilty and was fined $5.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, November ##, 1911.
1212