F. & D. No. 2694.
I. S. No. 8238-c.	
Issued July 13, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1504.
(GlTcn pursuant to section 4 of the Food and Drugs Act,)
MISBRANDING OF MARASCHINO CHERRIES.
On October 4, 1911, the United States Attorney for the Northern?
District of Ohio, acting upon a report by the Secretary of Agricul??
ture, filed in the District Court of the United States for said district?
an information against Sylvester Liebenthal and Melville Liebenthal,?
doing business under the firm name of Liebenthal Bros. & Co., Cleve??
land, Ohio, alleging shipment by them, in violation of the Food and?
Drugs Act, on August 15, 1910, from the State of Ohio into the State?
of Missouri of a consignment of maraschino cherries, which was mis-?
brancled. The product was labeled: " Merbell Brand Maraschino?
Cherries Artificially colored and preserved with 1.30 of 1 ? Sulphur?
Dioxide. Packed for Kansas City Wholesale Grocery Co., Kansas?
City, Mo."
Examination by the Bureau of Chemistry showed the following?
results: "Alcohol, 0.16 per cent; solids, 38.55 per cent; polarization?
direct at 20? O, ?3.8? V., polarization invert at 20? C, ?3.9? V.?
The product is artificially colored with Ponceau 3 R, a coal-tar dye.?
The flavor of the product resembles that of bitter almonds and has?
no resemblance to maraschino." Misbranding was alleged in the in??
formation on the ground that the label was false and misleading, in?
that it represented that the article contained in the package in ques??
tion was genuine maraschino cherries, whereas in truth and in fact?
the said article was not maraschino cherries but an imitation of them.
On December 2, 1911, defendants entered a plea of guilty and were
fined $50 and costs.
W. M. HAYS,?
Acting Secretary of Agriculture.?
WASHINGTON, D. C, April 29, 1912.
42417??No. 1504?12