3338. Adulteration and misbranding of liaueur. IX. S. v. E. G. Lyons &?
Raas Co. Plea of guilty as to first and third counts of informa??
tion.     Fine, $50.     Sentence suspended as to second count.     (F. & I>.
No. 4252.    I. S   No. 13047-d.)
At the March, 1914, term, the United States attorney for the Southern Dis??
trict 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 in?
three counts against E. G. Lyons & Raas Co., a corporation, New York, N. Y.,?
alleging shipment by said company, in violation of the Food and Drugs Act,?
on December 7, 1911, from the State of New York into the State of Pennsyl??
vania, of a quantity of liqueur which was adulterated and misbranded. The?
product was labeled: " E. G. Lyons & Raas Trademark. Established 1852,?
San Francisco-New York. Superfine Liqueur Leone Verdolino di Napoli. Arti??
ficially Colored. Cordial prepared with finest ingredients and guaranteed under?
Pure Food and Drugs Act, June 30, 1906.    Serial No. 5408."
Analysis of a sample of the product by the Bureau of Chemistry of this?
department showed the following results:
Ash  (per cent)?
?0.13"
Commercial glucose  (per cent)?
?6.93
Alcohol (per cent by volume)?,?
?21. 74
Methyl alcohol: None.
Solids (grams per 100 cc)?
?41.5
Nonsugar solids  (grams per 100 cc)?
?3.0
Sucrose (grams per 100 cc)?
?1.31
Reducing sugars before inversion as'invert (grams per 100 cc)??37.22
Polarizations:
At 20? C, direct (?V.)?
?+2.55
At 20? C, invert (?V.)?
?+ 0. S
At 87? C, invert (?V.)?
?+11.3
Supplement]   SEEVICE AND REGULATORY ANNOUNCEMENTS.	54?
Test for coal tar color: Positive.
Two colors were found, the reactions of which on wool correspond to those of?
Napthol Yellow S and Light Green SF Yellowish.?
Iodin test for erythrodextrin: Positive.
Adulteration of the product was alleged in the first count of the information?
for the reason that there was mixed and packed in said article so as to reduce?
and lower its quality and strength another substance, to wit, glucose, and in?
that there was substituted in part for the genuine article another substance,?
to wit, glucose, which is not a normal ingredient of a cordial, which the article?
purported to be. Misbranding of the product was alleged in the second count?
of the information for the reason that the statement on the label thereof as?
follows, " Cordial prepared with finest ingredients," regarding the ingredients?
in said article, was false and misleading, in that said words would indicate?
that the best and finest ingredients were contained in said article, whereas,?
in truth and in fact, said article was prepared in part from glucose, which is?
not one of the best or finest ingredients of a cordial but was a much inferior?
ingredient. Misbranding was alleged in the third count of the information?
for the reason that the product was labeled so as to deceive and mislead the?
purchaser thereof, in that the statement on the label thereof as follows " Super??
fine Liqueur Leone Verdolino di Napoli," regarding the article, was false and?
misleading, in that said words would indicate that said article was a foreign?
product, to wit, a product of Italy, when it was not so, but was a product of?
the United States; and said article was further misbranded in that it pur??
ported to be a foreign product, to wit, a product of Italy, when it was not so,?
but was a product of the United States.
On March 27, 1914, the defendant company entered a plea of guilty to the?
information, and the court imposed a fine of $25 each, on the first and third?
counts of the information, making a total fine of $50, and suspended sentence?
upon the second count of the information.
C. F. MARVIN, Acting Secretary of Agriculture.
WASHINGTON, D. C, August 15, 1914.