3973. Adulteration and misbranding of cough candy.   U. S. v. Lewis Bros.   Plea of non vult.?
Sentence suspended.   (F. & D, Nos. 4797, 4812.   I. S. Nos. 15369-d, 21713-d.)
On April 30, 1913, the United States attorney for the District of New Jersey, acting?
upon a report by the Secretary of Agriculture, filed in the District Court of the United?
States for said district an information against Bernard Lewis & Gustav Lewis, trading?
as Lewis Bros., Newark, N. J., alleging shipment by said defendants, in violation?
of the Food and Drugs Act:
?1) On September 27, October 26, October 31, and November 10, 1911, from the?
State of New Jersey into the State of Pennsylvania, of a quantity of cough candy?
which was adulterated and misbranded. The product was labeled: (On case, sten??
ciled on top) "Wild Cherry Open this Side." (Both ends) "Dr. Steven's Cough?
Drops man'f'd by Lewis Bros." (On side) "Grip and Cough Candy Serial No.?
2623." (Other side) "Preventative of Grip and Coughs." Signs inside of case read:?
"Dr. Steven's Wild Cherry Cough Drops. Manufactured by Lewis Bros., Newark,?
N. J." (Small bag) "Dr. Steven's Wild Cherry Cough "Drops. Manufactured by?
Lewis Brothers, Newark, N. J."
Analysis of a sample of the product by the Bureau of Chemistry of this department?
showed the following results:
Product is candy containing tartaric acid, flavored with benzaldehyde and artifi??
cially colored.   No wild cherry present.
Adulteration of the product was alleged in the information for the reason that it?
contained no wild cherry, but was colored in a manner whereby its inferiority as a?
product containing no wild cherry was concealed. Misbranding was alleged for the?
reason that the statement "Wild Cherry" borne on the label was false and misleading?
because it conveyed the impression that the product contained wild cherry, whereas,?
in truth and in fact, it did not contain wild cherry, and also that it was labeled and?
branded so as to deceive and mislead the purchaser, being labeled "Wild Cherry,"?
thereby purporting that it contained wild cherry, whereas, in truth and in fact, it?
did not contain wild cherry.
1914.]	SERVICE  AND  EEGULATORY ANNOUNCEMENTS.	191
(2) On January 17, 1912, from the State of New Jersey into the State of Massachu??
setts, of a quantity of wild cherry candy which was adulterated and misbranded.?
This product was labeled: "Wild Cherries Essex-Rrand-Jersey Made Confectionery?
A Guarantee of purity. Wholesome and delightful. Gives an appetite for more.?
Made by Lewis Brothers, Newark, N. J.    Guaranty legend, Serial No. 2623."
Analysis of a sample of this product by said Bureau of Chemistry showed the?
following results:?
Colored with cochineal.    No coal-tar color.
Benzaldehyde (per cent)?
   0. 0061
Sulphurous acid (mg per kilo)?
?32
Alcohol precipitate (per cent)?
      15. 62
No fruit flavors present.   No persistent fruity flavors in residue from distil??
lation.   Flavors wholly volatile and artificial.
Adulteration of the product was alleged in the information for the reason that it?
was artificially flavored with benzaldehyde which had been substituted in part for?
the product flavored with genuine wild cherry flavor which the article purported?
to be. Misbranding was alleged for the reason that the statement "Wild Cherries"?
borne on the label was false and misleading because it tended to mislead and deceive?
the purchaser into the belief that the product contained genuine wild cherry flavor,?
when, as a matter of fact, it did not contain genuine wild cherry flavor, but was?
artificially flavored with benzaldehyde, and, further, that it was labeled and branded?
so as to deceive and mislead the purchaser, being labeled "Wild Cherries," thereby?
creating the impression that it contained genuine wild cherry flavor, when, in truth?
and in fact, it did not contain wild cherry, but was artificially flavored with ben??
zaldehyde.
On October 22, 1913, defendants entered a plea of non vult to the information,?
and on October 27, 1913, the court suspended sentence.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, March SO, 1914.