F. & D. Nos. 3022, 3098.
I. S. Nos. 12627-c, 12628-c	
Issued January H, 191S.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1866.
(Given ptu-suaiit to section 4 ol the Food and Drugs Act.)
MISBRANDING OF MEXICAN DAMIANA AND DAMIANA TONIC.
On April 18, 1912, the United States Attorney for the District of?
Columbia, acting upon a report by the Secretary of Agriculture, filed?
in the Police Court of said District an information against one Sam??
uel D. Minster, trading under the firm name and style of the Eldo??
rado Wine Co., Washington, D. C, alleging that said defendant on?
May 11, 1911, at the District aforesaid, sold, in violation of the Food?
and Drugs Act?
(1)?A quantity of a product called "Mexican Damiana " which?
was misbranded. The product was labeled " Mexican Damiana. A?
True- Tonic * * * Eldorado Wine Co. * * * Washington,?
D. C."
Analysis of a sample of the product by the Bureau of Chemistry?
of this Department showed it to be a dark brown liquid containing?
2.9 per cent alcohol by volume, 23.47 per cent non-volatile material?
including 20.34 per cent sugars, and 1.16 per cent tartaric acid.?
There was a slight odor characteristic of the volatile constituents of?
damiana but none of the resin. Misbranding was alleged in the infor??
mation for the reason that the statements on the labels on the bottles?
of the product were false and misleading and the product was labeled?
so as to deceive and mislead the purchaser thereof, because the labels?
indicated and signified that the product " Mexican Damiana " did not?
contain alcohol, whereas, in truth and in fact, it did contain alcohol.
(2)?A quantity of a product called "Damiana Tonic" which was?
misbranded. The product was labeled: "Damiana Tonic. A com??
pound. 1/10 of 1? of sodium benzoate. Put up exclusively by The?
J. A. Leary Co., Newark, N. J. Eldorado Wine Co., The Ave. and?
12th St, N. W., Washington, D. C."
66259'?No. 1866?12
Analysis of a sample of the product by the Bureau of Chemistry?
of this Department showed it to be a dark brown liquid having slight?
odor of damiana and benzaldehyde, containing 2.25 per cent alcohol?
by volume, 20.99 per cent non-volatile material, mostly invert sugar?
and caramel, with small amounts of sodium benzoate, tartaric acid,?
a pungent substance, and a principle suggestive of that from chamo??
mile, the balance being water. There was none of the resin charac??
teristic of damiana found. Misbranding was alleged in the informa??
tion for the reason that the labels on the bottles of the product were?
false and misleading and the product was labeled so as to deceive and?
mislead the purchaser thereof because the labels did not indicate and?
signify that the product contained alcohol, whereas, in truth and in?
fact, it did contain alcohol. Misbranding was alleged for the further?
reason that the statements on the labels thereof were false and mis??
leading and the product was labeled so as to deceive and mislead the?
purchaser thereof because the labels indicated and signified that the?
product contained damiana, whereas, in truth and in fact, it did not?
contain damiana.
On May 22, 1912, the defendant withdrew his plea of not guilty,?
formerly made, and entered a plea of guilty, and thereupon the court?
imposed a fine of $25.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C., October 28, 1912.
1866
WASHINGTON : GOVERNMENT FEINTING OFFICE : 1913