NOTICE OF JUDGMENT NO. 2222.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING  OF  BITTERS.
On November 8, 1912, the United States Attorney for the Southern 
District of Ohio, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said District an 
information against the Bettman-Johnson Co., a corporation, Cincin- 
nati, Ohio, alleging shipment by said company, in violation of the 
Food and Drugs Act, on or about June 13, 1911, from the State of 
Ohio into the State of Oregon of a quantity of bitters which was mis- 
branded. The product was labeled: "Pepsin Magen Bitters Nicho- 
laus Holzbach Made in America This Bitters, which surpasses all 
others by its fine flavor and aromatic odor, is considered as a medicine 
and tonic, which, through its excellent qualities, ranks among the best 
means for the preservation of activity of the digestive orKans. The 
morbid state of the digestive organs, generally called weakness of the 
stomach, is mainly due to the scanty secretion of Pepsin, in conse- 
quence of which the food is insufficiently digested. In such cases, the 
Physician always prescribes Pepsin, a substance secreted from the 
stomach during the process of digestion. A supply of Pepsin, as con- 
tained in these celebrated Bitters, in connection with some wholesome 
and strengthening bitter roots and herbs, will supply that deficiency 
and bring the stomach back to a normal condition. Try it and be 
convinced. Guaranteed by the manufacturers under Serial No. 2161 
to comply with the National Pure Food and Drugs Act of June 30, 
1906."
Analysis of a sample of the product by the Bureau of Chemistry of 
this Department showed the following results: Extract by drying, 
8.62 per cent; ash, 0.23 per cent; alcohol, per cent by volume, 28.44; 
methyl alcohol, none; sucrose by Clerget, 5.2 per cent; polarization,
76323°—No. 2222—13
direct temperature 20° C, 7.0° V.; polarization, invert temperature 
20° C, 0.0; color, dark brown, mainly caramel; United States Phar- 
macopoeia, pepsin, less than 0.0001 gram in 1 cc of the preparation.
Misbranding of the product was alleged in the information for the 
reason that it was labeled and branded as set forth above, so as to 
deceive and mislead the purchaser thereof, in that said label was cal- 
culated and intended to and did convey the impression and create the 
belief that the product was a pepsin bitters containing a substantial 
amount of pepsin, whereas in truth and in fact it contained only a trace 
of pepsin, and for the further reason that the label and brand on the 
product bore statements regarding it and the ingredients and sub- 
stances contained therein which said statements, as set forth above, 
were false, misleading, and deceptive, in that they purported and rep- 
resented the product to. contain a substantial amount of pepsin, and 
were calculated and intended to convey the impression and create the 
belief that it contained an adequate amount of pepsin to supply a 
deficiency in the human stomach, whereas in truth and in fact it con- 
tained only an infinitesimal quantity of pepsin, and did not contain 
an amount of pepsin adequate to supply a deficiency in the human 
stomach. Misbranding was alleged for the further reason that the 
product contained 28.44 per cent by volume of alcohol, and the labels 
on the product concerning it failed to bear a statement thereon of the 
quantity or proportion of alcohol so contained therein.
On November 8, 1912, the defendant company entered a plea of 
nolo contendere to the information and the court imposed a fine of 
$25, with costs of $15.85.
W. M. HATS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, January 17, 1913.
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