2877. Adulteration and alleged misbranding of wild cherry and pepsin tonic. IT.' S. v. The?
Schuster Co. Flea of guilty to count 1 of information. Fine, $25 and costs. Second?
count of information nolle prossed.  (F. & D. No. 4229.   I. S. No. 1617-d.)
On November 15, 1912, the United States Attorney for the Northern 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 Schuster Co., a cor??
poration, Cleveland, Ohio, alleging shipment by said company, in violation of the?
Food and Drugs Act, on or about August 1,1911, from the State of Ohio into the State?
of Pennsylvania, of a quantity of wild cherry and pepsin tonic which was adulterated?
and alleged to have been misbranded. The product was labeled: (Stenciled upon?
one end of wooden barrel) "Wild Cherry and Pepsin Tonic. Artificially flavored?
and preserved with 1/10 of 1? Benzoate of Soda." (Other end) "American Wine?
and Spirit Co., 126 No. 3rd Philadelphia, Pa."   (Kailroad marks) "D 22428 8 3 11."
106	
BUKEATJ  OF  CHEMISTRY.	
[February,
Analysis of a sample of the product by the Bureau of Chemistry of this Department?
showed the following results:
Alcohol (per cent by volume)?
       0. 56
Solids by specific gravity (grams per 100 cc)?
      30. 40
Nonsugars (grams per 100 cc)?
       2. 64
Ash (grams per 100 cc)?
?. 056
Soluble alkalinity (cc N/10 acid per 100 cc)?
       8. 8
Total acids as tartaric (grams per 100 cc)?
       1. 45
Soluble P205?
      None.
Insoluble P2Os?
      Trace.
Benzoic acid (grams per 100 cc)?
?.09
Commercial glucose?
      None.
Color removed by fuller's earth (per cent)?
     95
Benzaldehyde per liter (grams per 100 cc)?
?.31
Hydrocyanic acid?
      None.
Color, coal tar dyes?
      None.
Reducing sugars, direct (grams per 100 cc)?
     26.17
Polarization; direct, at 20? C. (?V.)?
  +22.0
Polarization, invert, 87? C. (?V.)?
       0
Solids by drying at 70? in vacuum (grams per 100 cc)?
      30. 2
Reducing sugars after inversion, as invert (grams per 100 cc)?
     27. 78
Adulteration of the product was alleged in the first count of the information for the?
reasons that a product, to wit, an imitation wild cherry and pepsin tonic, artificially?
colored and flavored, was mixed and packed therewith so as to reduce or lower or?
injuriously affect its quality and strength, and that an imitation of wild cherry and?
pepsin tonic, artificially colored and flavored, had been substituted wholly or in part?
for the genuine wild cherry and pepsin tonic which the article purported to be. Mis??
branding was alleged in the second count of the information for the reasons that the?
statement on the label thereof, "Wild Cherry and Pepsin Tonic" was false and mis??
leading, as it conveyed the impression that the product contained genuine wild cherry,?
whereas in fact the same was a mixture of imitation wild cherry and pepsin, artificially?
colored and flavored, and that it was labeled and branded so as to deceive the pur??
chaser into the belief that it contained genuine wild cherry, whereas it was prepared?
in part from an imitation extract of wild cherry, artificially colored and flavored.
On November 23, 1912, the defendant company entered a plea of guilty to the?
first count of the information and the court imposed a fine of $25 and costs. The?
second count of the information, charging misbranding, was nolle prossed.
B. T. GALLOWAY, Acting Secretary of Agriculture.
"WASHINGTON, D. C, February 18, 1914-