NOTICE OF JUDGMENT NO. 2543.
(Given pursuant to section 4 of the Food and Drugs Act.)
tT. S. v. 17 Barrels of Lithia Beer.    Decree of condemnation by default.
Goods  ordered  destroyed.
MISBRANDING OF LITHIA BEER.
On October 24, 1912, the United States Attorney for the District of 
Maine, 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 17 barrels of lithia beer remaining 
unsold in the original unbroken packages at 36 Plum Street, Port- 
land, Me., alleging that the product had been shipped on or about 
October 7, 1912, by the Suffolk Brewing Co., Boston, Mass., and 
transported from the State of Massachusetts into the State of Maine, 
and charging misbranding in violation of the Food and Drugs Act. 
The product was labeled: " Guaranteed Ingalls Bros. Lithia Beer. 
Thirty-one gallons beer, Portland, Maine, Non Intoxicating."
Misbranding of the product was alleged in the libel for the reason 
that it was an imitation of and offered for sale under the distinctive 
name of another article, to wit, under the name of lithia beer, when 
in truth and in fact it was not lithia beer. Misbranding was alleged 
for the further reason that each barrel was labeled " Lithia Beer,'-' 
which label was calculated to deceive and mislead the purchaser in 
that the product was not lithia beer. Misbranding was alleged for 
the further reason that the barrels were labeled"" Non Intoxicating," 
which label was calculated to deceive and mislead the purchaser 
thereof, in that the product was not nonintoxicating. Misbranding 
was alleged for the further reason that the barrels bore a certain 
statement, to wit, the inscription, to wit, " Lithia Beer," which said 
Statement was false and misleading in that the product contained no 
lithia.    Misbranding was alleged for the further reason that the
10453 s—No. 2543—13
barrels bore a certain statement, to wit, the inscription " Non Intoxi- 
cating," which said statement was false and misleading in that the 
product was intoxicating.
On December 2, 1912, no claimant having appeared for the prop- 
erty, judgment of condemnation and forfeiture was entered and it 
was ordered by the court that the product should be destroyed by
the United States marshal.
B. T. GALLOWAY,
Acting Secretary of Agriculture. 
WASHINGTON, D. C, August £7,1913.
2543
o