NOTICE OF JUDGMENT NO. 2235.
(Ginn pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF MALT TONIC.
On September 27, 1912, the United States Attorney for the Dis- 
trict of Massachusetts, 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 barrels of malt 
tonic, remaining unsold in the original unbroken packages at Boston, 
Mass., alleging that the product had been shipped by John L. Coburg, 
New York, N. Y., and transported from the State of New York into 
the State of Massachusetts and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act. The product was 
labeled: (Neck label) "Soldiers Delight". (Principal label) "Malt 
Tonic (Design of Eagle) A concentrated and nourishing liquid 
product of Malt and Hops—Free from any preservatives or dele- 
terious substances—Trade Mark—John L. Coburg New York— 
Distributor—Guaranteed by the manufacturers under the Food and 
Drugs Act, June 30, 1906, Serial No. 29749."
Adulteration of the product was alleged in the libel for the reason 
that substances, to wit, cereal, starchy material, and sugar had been 
substituted in part for the product. Misbranding was alleged for 
the reason that the label of the product bore a statement, design, and 
device regarding it and the ingredients and substances contained 
therein which was false and misleading in a certain particular, that 
is to say, the words "A concentrated and nourishing liquid product 
of Malt and Hops—Free from any preservatives or deleterious sub- 
stances ", placed thereon, would lead the purchaser to believe that the 
product was manufactured wholly from malt and hops, whereas, in 
truth and in fact, it was not so manufactured.
On October 31, 1912, no claimant having appeared for the prop- 
erty, judgment of condemnation and forfeiture was entered and it 
was further ordered that the product should be destroyed by the 
United States marshal.
W. M. HATS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, January $1,1913.
76651°—No. 2235—13
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