NOTICE OF JUDGMENT NO. 2620.
(Given pursuant to section 4 of the Food and Drags Act.)
U. S. v. New Orleans Brewing Co.    Plea of guilty.    Fine, $10 and coiitli.
ADULTERATION AND MISBRANDING OF BEER.
On February 26, 1913, the United States Attorney for the East- 
ern District of Louisiana, 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 New Orleans Brewing Co., a 
corporation, New Orleans, La., alleging shipment by said company, 
in violation of the Food and Drugs Act, on or about August 28, 1912, 
from the State of Louisiana into the State of Florida, of a quantity 
of so-called lager beer which was adulterated and misbranded. The 
product was labeled: " Special Export Brew Lager Beer. Alcohol 
4 per cent. Brewed from Choice Malt and Hops. Guaranteed by 
the New Orleans Brewing Co., under the Food and Drugs Act, June 
30, 1906—Serial No. 9806."
Analysis of a sample of the product by the Bureau of Chemistry 
of this Department showed the following results: Alcohol (per cent 
by volume), 3.80; extract (per cent by weight), 4.74; extract original 
wort (per cent by weight), 10.82; degree fermentation, 56.19; volatile 
acid as acetic (grams per 100 cc), 0.020; total acid, as lactic (grams 
per 100 cc), 0.198; maltose, 1.14 per cent; dextrin, 2.45 per cent; 
ash, 0.146 per cent; P2Os, 0.053 per cent; proteid, 0.319 per cent; 
polarimeter undiluted (°V.), +33.6; color in \ inch cell Lovibond, 3; 
undetermined, 0.68 per cent. Adulteration of the product was al- 
leged in the information for the reason that the label indicated that 
it was brewed from choice malt and hops, when in truth and in fact 
it was brewed from hops and malt and some other cereal or cereal 
product, and was therefore adulterated in that a beer brewed with 
hops and malt and some other cereal or cereal product had been 
substituted in whole or in part for the beer indicated by the label, 
that is, beer brewed from choice malt and hops; and further, for the 
reason that there had been mixed and packed with the product an-
12939"—No. 2620—13
other and different substance, to wit, beer brewed from hops and 
malt and some other cereal or cereal product so as to reduce, lower, 
and injuriously affect the quality and strength of the product indi- 
cated by the label. Misbranding was alleged for the reason that the 
statement " Lager Beer. Brewed from choice malt and hops" 
appearing on the label indicated that said product was brewed en- 
tirely from choice malt and hops, whereas, in truth and in fact, it 
was brewed from hops and malt and some other cereal or cereal 
product and was therefore misbranded in that the label bore the 
statement aforesaid that the product was brewed from choice malt 
and hops, which statement was false and misleading as to the con- 
tents and as to the ingredients of the product, and further, in that 
the statement on the label " Lager Beer. Brewed from choice malt 
and hops " indicated and conveyed the impression to the purchaser 
thereof that the product was brewed wholly from choice malt and 
hops, whereas, in truth and in fact, it was brewed from hops, malt, 
and some other cereal or cereal product and the label was therefore 
such as to deceive and mislead the purchaser thereof.
On April 8, 1913, the defendant company entered a plea of guilty 
to the information and the court imposed a fine of $10 and costs.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, September 28, 1913.
2620
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