3955.?Misbranding of Elixir Tripoli.   V. S. v. Italian Importing Co.   Plea of guilty.   Fine, $-35.
(F. &D.No. 4721.   I. S. No. 20738-d.)
On June 23,1913, the United States attorney for the Southern District of New York,?
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 Italian Importing Co., a cor??
poration, New York, N. Y., alleging shipment by said company in violation of the?
Food and Drugs Act, on March 14, 1912, from the State of New York into the State?
of Pennsylvania, of a quantity of so-called Elixir Tripoli, which was misbranded.?
The product was labeled: " Elixir Tripoli. High Class Cordial. Liquore Finnissimo.?
Guaranteed by Italian Importing Company, New York. Under Serial No. 19441."?
The label also bore a design indicating Arabs and camels. From an examination of a?
sample of the product by the Bureau of Chemistry of this department, it appeared that?
the same was manufactured in the United States. Misbranding of the product was?
alleged in the information, for the reason that it was branded and labeled so as to deceive?
and mislead the purchaser thereof, in that the label thereon bore statements, designs,?
and devices regarding the article and the ingredients and substances contained therein?
which were false and misleading, in that said statements, designs, and devices would?
indicate that the article was a foreign product, to wit, a product of Tripoli, whereas,?
in truth and in fact, it was a product of the United States. Misbranding was alleged?
f?r the further reason that the article purported to be a foreign product, to wit, a prod??
uct of Tripoli, when it was not so, but was a product of the United States.
On October 20,1913, the defendant company entered a plea of guilty to the informa??
tion and the court imposed a fine of $35.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, March,SO, 1914.