3079.?Adulteration and misbranding of special pure lemon and lemon mixture.   V. S. v.
4 Dozen Bottles Special Pure Lemon and lO Dozen Bottles of Eclipse Lemon Mix??
ture. Default decree of condemnation, forfeiture, and destruction. (F. & D. No. 5178.?
S. No. 1772.)
On April 24, 1913, the United States attorney for the Eastern District of Michigan,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the
Supplement]    SEBVICB AKD REGULATORY ANNOUHCEMEHTS.	295
United States for said district libels for the seizure and condemnation of 4 dozen?
2-ounce bottles of so-called special pure lemon and 10 dozen 8-ounce bottles of so-called?
eclipse lemon mixture, remaining unsold in the original unbroken packages and in?
possession of the Library Tea Co., Detroit, Mich., alleging that the product had been?
shipped on or about August 13, 1912, by the Miller Eberhard Co., Cleveland, Ohio,?
and transported from the State of Ohio into the State of Michigan, and charging adul??
teration and misbranding in violation of the Food and Drugs Act. The so-called?
special pure lemon was labeled: "Special pure Lemon for flavoring ice cream, cake,?
custards pastry etc Schorndorfer & Eberhard.    Cleveland, 0."
It was alleged in the libel that this article was adulterated in violation of section 7?
of the Food and Drugs Act for the reason that said packages and each of them were by?
the labels appearing on the face of each of the bottles, to wit, "Special Pure Lemon,"?
labeled and branded so as to deceive and mislead the purchaser thereof, in that said?
food product so labeled as aforesaid was not special pure lemon at all, but consisted of?
a dilute extract of lemon which had been mixed and packed with and substituted for?
lemon extract so as to reduce or lower or injuriously affect its quality and strength,?
and that the branding and labeling aforesaid constituted a misbranding within the?
meaning of said act.
The eclipse lemon mixture was labeled: "Eclipse Lemon Mixture, oil lemon 1.16??
alcohol absolute 36.00? water 62.84?. The Schorndorfer & Eberhard Co. Cleve??
land, 0."
It was alleged in the libel that this product was adulterated in violation of section?
7 of the Food and Drugs Act for the reason that the packages and each of them by the?
label appearing on the face of each of the bottles, to wit "Eclipse Lemon Mixture,"?
were labeled and branded so as to deceive and mislead the purchaser thereof, in that?
said food product so labeled as aforesaid was not lemon mixture at all, and did not?
contain oil of lemon 1.16 per cent, alcohol absolute 36 per cent, and water 62.84 per?
cent, but contained no oil of lemon whatever, and the quality and strength of the?
product had been reduced and lowered thereby, and said branding and labeling afore??
said constituted a misbranding within the meaning of said act.
On October 6, 1913, no claimant having appeared for the property, judgments of?
condemnation and forfeiture were 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, April 14, 1914.