F. & D. No. 2370.
I. S. No. 1511-0.	
Issued May 18, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE   OP JUDGMENT  NO. 1400.
(Given pursuant to section 4 of the Food and Drags Act.)
MISBRANDING OF APPLE  BUTTER.
On July 21, 1911, the United States Attorney for the Eastern Dis??
trict of Missouri, acting upon a report by the Secretary of Agriculture,?
filed information in the District Court of the United States for said?
district against the St. Louis Syrup & Preserving Co., a corporation,?
alleging shipment by it, in violation of the Food and Drugs Act, on?
or about February 16, 1910, from the State of Missouri into the State?
of West Virginia of a quantity of apple butter which was misbranded.?
The product was labeled: "Clymer Brand Apple Butter, Absolutely?
Pure, St. Louis Syrup & Pres. Co., St. Louis. 16 Ounces Net Weight.?
Clymer Brand Apple Butter, Absolutely Pure, U. S. Serial No. 6563.';
An examination of samples of said product, made by the Bureau?
of Chemistry of the United States Department of Agriculture, showed?
the following results: Net weight, 14f oz.; 14? oz.; 15 oz.; 15^ oz.;?
average, 14.97 oz.
Misbranding was alleged in the information in words and figures?
as follows: That the said package and .the said contents therein were?
misbranded in this, to wit, that the contents of said package are?
stated in terms of weight on the label of said package as "16 oz. Net?
Weight," which statement was and is false and incorrect in this, that?
the said package did not contain 16 ounces net weight of said product,?
but on the contrary thereof contained a materially and substantially?
less quantity of said product, and the^ said contents of said package?
was not plainly and correctly stated on the outside of said package.
On December 9, 1911, the defendant pleaded guilty, and was?
fined $10 and costs.
JAMES WILSON,
Secretary of Agriculture.?
WASHINGTON, D. C, February 6, 1912.
30221??No. 1400?12
but contained added vanillin, coumarin, and imitation extract of?
vanilla, and was also colored with caramel to conceal its inferiority.?
Your libelant represents that the said alleged vanilla extract particu??
larly described as aforesaid was intended for consumption as food,?
and that said article of food, to wit, alleged vanilla extract aforesaid,?
was adulterated and misbranded, and the said labels were intended?
and calculated to deceive and mislead the purchaser thereof.
On April 18,1911, the case coming on for hearing and no one having?
appeared as claimant or filed answer, the court found the product?
adulterated and misbranded as alleged in the libel and entered a?
decree condemning and forfeiting it to the United States and ordering?
it to be sold at public auction by the marshal.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, February 3, 1912.
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