3137. Adulteration, and misbranding of syrup. U. S. v. 300 Cases of Syrup.?
Consent decree of condemnation and forfeiture. Product released?
on bond.     (F. & D. No. 5270.    S. No. 1856 )
On July 2, 1913, the United States Attorney for the Southern District of?
Ohio, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and?
condemnation of 300 cases, each containing 24 cans of so-called Clifton Brand?
Golden Syrup, remaining unsold in the original unbroken packages and in?
the possession of the Kroger Grocery and Baking Co., Cincinnati, Ohio, alleg??
ing that the product had been shippe'd and transported from the State of?
Indiana into the State of Ohio, and charging adulteration and misbranding?
in violation of the Food and Drugs Act. The product was labeled: (On?
cases) " Clifton Brand Golden Syrup 2 Doz #2J Put up for Kroger Gro. &?
Bakg. Co Cincinnati, Columbus, Dayton, Ohio, & St. Louis, Mo." (On cans)?
" Clifton Brand (Pictorial design and representation of a sugar cane field?
and negro harvesters,) Golden Syrup; * * * * Clifton Brand (Pictorial?
design and representation of a girl picking flowers in a meadow) Packed for?
and Guaranteed by The Kroger Grocery & Baking Co Serial No. 30194 Cincin??
nati, Columbus, Dayton, O., and St. Louis, Mo."
Adulteration of the product was alleged in the libel for the reason that a?
certain substance, to wit, glucose, had been mixed and packed with the article,?
so as to reduce and lower and injuriously affect its quality and strength, the?
said article of food by its label aforesaid purporting to be a cane Syrup.?
Adulteration was alleged for the further reason that a certain substance,?
to wit, glucose, had been substituted in part, that is to say, to the extent of?
89.5 per centum for the article of food which by its label aforesaid purported to
Supplement]    SERVICE AND REGULATORY ANNOUNCEMENTS.	349
be a cane syrup. Misbranding was alleged for the reason that the aforesaid?
labels, marks,' and brands upon the cans and cases bore certain statements,?
designs, and devices regarding said article of food and the ingredients and?
substances contained therein, which said statements, designs, and devices,?
to wit, the words " Golden Syrup " and the pictorial design and representation?
showing a sugar cane field with negro harvesters cutting the sugar cane, were?
false, misleading, and deceptive, in that they represented, imported, and in??
dicated the article of food to be a cane syrup, whereas, in truth and in fact,?
the article of food was 89.5 per cent glucose, was not a cane syrup, and was?
not entitled to a label representing it to be a cane syrup. Misbranding was?
alleged for the further reason that the article of food was labeled and branded?
as aforesaid so as to deceive and mislead the purchaser thereof, for that the?
labels, marks, and brands aforesaid were calculated and intended to convey?
the impression and create the belief in the mind of the purchaser of the?
article of food that the same was a cane syrup, whereas, in truth and in fact,?
the article was not a cane syrup, and consisted to the extent of 89.5 per centum?
of glucose.
On July 15, 1913, the said Kroger Grocery and Baking Co., claimant, having?
filed its claim and answer admitting the allegations in the libel, consenting to a?
decree, and tendering payment of all costs and a good and sufficient bond, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product should be released and restored to said claimant upon?
payment of all the costs of the proceedings, which amounted to $25.85, and the?
execution of bond in the sum of $1,000, in conformity with section 10 of the?
act.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 21, 1914.