NOTICE  OF JUDGMENT  NO. 2104.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING  OF  SALAD  DRESSING  AND  MEAT  SAUCE.
On July 31, 1911, the United States Attorney for the Southern 
District of New York, acting upon reports by the Secretary of Agri- 
culture, filed in the Circuit Court of the United States for said district 
an information against Eugene W. Durkee and James M. French, 
copartners, doing business under the firm name of E. K. Durkee & 
Co-, alleging shipment by them, in violation of the Food and Drugs 
Act^-
(1) On or about November 9, 1910, from the State of New York 
into the State of Louisiana of a quantity of salad dressing and meat 
sauce which was misbranded. The product was labeled: "Durkee's 
Salad Dressing and Meat Sauce. E. R. Durkee & Co., New York. 
A rich, wholesome and delicious mayonnaise dressing for lobster, 
chicken and all other salads. ? Prepared with great care and only 
from the purest and choicest condiments obtainable. None genuine 
without trade mark and signature of E. E. Durkee & Co. 16 oz. net 
weight. Does not contain now and never has contained any pre- 
servative of any sort."
Examination of samples of the product by the Bureau of Chemistry 
of this Department showed the following results: By weighing 8 
bottles of the sample, that the average net weight of dressing in 
them was 15f ounces. None contained over 16 ounces, 2 contained 
16 ounces, and 6 contained less than 16 ounces. By measuring the 
portion of the bottle filled by the dressing, it was found that the 
average volume of dressing in the 8 bottles was 15.13 ounces (liquid), 
each of the 8 bottles containing less than 16 liquid ounces.
(2) On or about May 2, 1910, from the State of New York into the 
State of Alabama of a quantity of salad dressing and meat sauce 
which was misbranded. The product was labeled: "Durkee's 
Salad Dressing and Meat Sauce. Does not contain now and never 
has contained any preservative of any sort. 16 oz. net weight. 
E. R. Durkee & Co., New York, TJ. S. Serial No. 5061."
71579°—No. 2104—13
Examination of samples of this product by the Bureau of Chem- 
istry of this Department showed the following results:
Secretary's sample: 
Grams.
Gross 
865
Tare  
431
Net 
434
Shortage, 4.31 per cent. 
=
Dealer's sample:
Gross 
912
Tare 
491
Net. 
421
Shortage, 7.18 per cent. 
==
Analyst's sample:
Gross 
889
Tare 
444
Net 
445
Shortage, 1.89 per cent.
Misbranding of both shipments of the product was alleged in the 
information for the reason that it was in package form and was 
labeled as set forth above so as to deceive and mislead the purchaser 
or purchasers thereof, in that the package, container, and label of 
the product bore a statement regarding it and the ingredients 'and 
substances contained therein which was false and misleading, in 
that its contents were stated to be of the weight of 16 ounces, whereas 
in fact said contents were of less weight than 16 ounces.
On October 14, 1912, the defendants entered a plea of guilty to 
the information and the court imposed a fine of S100 on account of 
the first shipment and a fine of $50 on account of the second shipment
referred to above.
W. M. HAYS,
Acting Secretary of Agriculture. 
WASHINGTON, D. C, December 12, 1912.
2104
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