P. & D. No. 3040.
I. S. No. 10814-c.	
Issued August 21, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1571.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OP CHERRIES IN MARASCHINO.
At a stated term of the District Court of the United States for?
the Northern District of California the grand jurors of the United?
States within and for said district, after presentation by the United?
States Attorney, acting upon a report by the Secretary of Agricul??
ture, returned an indictment against the Fleischmann-Clarke Co., a?
corporation, San Francisco, Cal., alleging shipment by it, in viola??
tion of the Food and Drugs Act, on June 9, 1910, from the State of?
California into the State of Oregon, of a consignment of ten cases?
of so-called " Golden Gate Cherries in Maraschino," which were?
misbranded. The product was labeled: " Golden Gate Cherries in?
Maraschino. The Fleischmann Co., San Francisco. Colored with a?
harmless imported coal tar derivative. Preserved with two tenths?
of one percent of benzoate of sodium."
Analysis of a sample of the product by the Bureau of Chemistry?
of this Department showed the following results:
Alcohol  (per cent by volume)?
?.    3.74
Sucrose (percent)?
24.89
Invert sugar  (per ceht)__,?
15.65
Color?
Erythrosin.
Benzoate of soda (per cent)?_?
.      .38
Product has the odor and flavor of bitter almonds or benzaldehyde.?
It has no flavor of maraschino.
Misbranding was charged in the indictment for the reason that?
the label and the words thereon were false and misleading in that?
said label gave and would give to the purchaser thereof the impres??
sion that the product contained in each of said bottles consisted of?
cherries preserved and packed in maraschino or in a syrup flavored?
with maraschino, whereas, in truth and in fact, the said cherries?
were not packed nor preserved in maraschino nor in a syrup flavored?
with maraschino, but in a sugar syrup having none of the flavoring?
characteristics or qualities of maraschino.
On March 26, 1912, the defendant entered a plea of guilty to the?
indictment and the court thereupon imposed a fine of $100.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, June 10, 1912.
50671?? No. 1571?12