F. & D. No. 3035.
S. No. 1109.	
Issued October 24, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1721.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION   AND   MISBRANDING   OF   SO-CALLED   MARASCHINO
CHERRIES.
On October 18, 1911, the United States Attorney for the Eastern?
District of Washington, acting upon a report by the Secretary of?
Agriculture, filed in the District Court of the United States for said?
district a libel for the seizure and condemnation of 20 cases of so-?
called maraschino cherries, remaining unsold in the original un??
opened packages and in the possession of Armour & Co., a corpora??
tion, Chicago, 111., at its place of business in Spokane, Wash., alleg??
ing that the product had been shipped from the State of Illinois?
into the State of Washington, date of shipment not known, and?
charging adulteration and misbranding in violation of the Food and?
Drugs Act. The product was labeled: (On part of cases) " Six 1/2?
Gallon jars, Armours " Top Notch" brand Maraschino Cherries,?
Armour and Company, Reg. No. 223575. Glass with care." (On re??
tail packages) "Armours Harmlessly flavored "Top Notch" Brand?
Maraschino Cherries, colored with cochineal lake prepared for Ar??
mour & Company, guaranteed by Armour and Company under the?
Food and Drugs Act, June 30, 1906. Serial No. 1269. Keep cool?
and covered."
Adulteration was alleged in the libel for the reason that the?
product did not contain maraschino and was not packed in syrup?
flavored with that substance, but in truth and in fact there had been?
substituted a sugar syrup flavored with benzaldehyde. Misbranding?
was alleged for the reason that the labeling on the product was mis??
leading and false so as to deceive and mislead the purchaser and so?
as to offer the product for sale under the name of another article,?
and so was misbranded within the meaning of the Act.
On November 3, 1911, a decree of condemnation and forfeiture
was entered and it was further ordered that upon execution of a
bond by Armour & Co., claimant, in the sum of $500, in conformity
with section 10 of the Act, and the payment by said claimant of the
costs of the proceedings the product should be released and delivered
to said claimant.
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, August 8,1912,
57362?? No. 1721?12