F.  &  D.  No.  2928.
S. No.  .1060.	
Issued October 24, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1731.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF MARASCHINO CHERRIES.
During the month of August, 1911, the United States Attorney for?
the District of Minnesota, 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 10 cases " petite "?
size, each containing 8 dozen bottles; 3 cases " medium" size, each?
containing 2 dozen bottles; 8 cases " small" size, each containing 4?
dozen bottles; and 10 cases " large " size, each containing 1 dozen?
bottles, of so-called maraschino cherries remaining unsold in the?
original unbroken packages and in possession of J. H. Allen Co.?
(Inc.), St. Paul, Minn., alleging that the product had been shipped?
between July 14, 1910, and July 1, 1911, by the Bettman-Johnson?
Co., Cincinnati, Ohio, and transported from the State "of Ohio into?
the State of Minnesota, and charging adulteration and misbranding?
in violation of the Food and Drugs Act. The product was labeled:?
(Petite size, on case) "Maraschino Cherries, containing harmless?
color. The contents of this package are guaranteed to comply with?
the National Pure Food and Drugs Act of June 30, 1906. Our gen??
eral guarantee has also been filed with the Secretary of Agriculture,?
Washington, D. C. and number assigned to us is 2161. J. H. Allen &?
Co., St. Paul, Minn." (On bottles) "Ideal Brand. Artificially?
Colored. Contains 0.008? sulphur dioxide. Weight of contents 5?
oz. J. H. Allen & Co., Distributors, St. Paul, Minn. Ideal Brand?
Maraschino Cherries." (Medium size, on cases) " 2 Doz. Medium.?
Maraschino Cherries, containing harmless color. J. H. Allen & Co.,?
St. Paul, Minn." (On bottles) "Ideal Brand. Artificially Colored.?
Contains 0.008? sulphur dioxide. Weight of contents 16 oz. J. H.?
Allen & Co., Distributors, St. Paul, Minn., Ideal Brand Maraschino?
Cherries." (Small size, on cases) "4 Doz. Small, Maraschino Cher??
ries, containing harmless color. J. H. Allen & Co., St. Paul, Minn."?
(On bottles) "Ideal Brand. Weight of contents 8 oz. Artificially?
colored. Contains 0.008? sulphur dioxide. J. H. Allen & Co., Dis??
tributors,   St.   Paul,   Minn.,   Ideal   Brand   Maraschino   Cherries."
57362??No. 1731?12
(Large size, on cases) " 1 doz. Large Maraschino Cherries. Arti??
ficially Colored. J. H. Allen & Co., St. Paul, Minn." (On bottles)?
" Ideal Brand. Contains harmless color and less than 0.035? sulphur?
dioxide. Weight of contents 32 oz. J. H. Allen & Co., Distributors,?
St. Paul, Minn. Ideal Brand Maraschino Cherries. Contains Harm??
less cochineal color."
Adulteration was alleged in the libel for the reason that the product?
had been packed and mixed with a substance, to wit, a sugar syrup,?
which had been substituted wholly or in part for genuine maraschino?
liquor, and which said substituted substance reduced, lowered, and?
injuriously affected its quality and strength. Misbranding was?
alleged in the libel for the reason that said " Ideal Brand Maraschino?
Cherries" were an imitation of and offered for sale under the dis??
tinctive name of another article, to wit, genuine maraschino cherries,?
which had theretofore been packed and mixed with genuine maras??
chino liqueur, and were not maraschino cherries but cherries which?
had been packed with a syrup not flavored with maraschino liqueur,?
but with a sugar syrup flavored with ? benzaldehyde or bitter?
almond; that the cases of medium size maraschino cherries were?
further misbranded in that, as appeared from said label, each of them?
purported to contain 16 ounces, whereas in truth and in fact, each?
bottle contained a much less quantity, to wit, 2.56 per cent less than 16?
ounces; that said 10 cases large size cherries were further misbranded?
in that, as appears from the label, each bottle purported to contain 32?
ounces, whereas, in truth and in fact, each contained a much less?
quantity, to wit, 9.25 per cent less than 32 ounces; and the three cases?
medium size and the 10 cases large size cherries were further mis??
branded in that the contents of the bottles were not plainly and cor??
rectly stated on the outside of the package, as required by said Act.
On March 6, 1912, the said Bettman-Johnson Co., claimant, having?
consented to a decree, judgment of condemnation and forfeiture was?
entered, and it was further ordered that upon payment of all costs?
and the execution of bond in the sum of $100 in conformity with sec??
tion 10 of the Act by said claimant, the product should be released to?
said claimant.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, August 1?, 1912.?
1731