3340.   Misbranding  of sin.     U. S. v. The Mihalovitch Co.     Plea, of nolo con??
tendere.     Fine, $100 and costs.     (F. & D. No. 4508.    I. S. No. 16056-d.)
On January 8, 1913, the United States attorney for the Southern District of?
Ohio, 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 Mihalo-?
vitch Co., a corporation, Cincinnati, Ohio, alleging shipment by said company in?
violation of the Food and Drugs Act, on or about December 6, 1911, from the?
State of Ohio into the State of Indiana, of a quantity of gin which was mis-?
branded. The product was labeled: (On cases) "James DeKompy & Zeter?
Brand Gin." (On retail packages) " Genuine Hollands Geneva Process James?
DeKompy & Zeter Brand Established 1854. (Sticker) Guaranteed by The?
Mihalovitch Co. under the National Food and Drugs Act, June 30, 1906."
Analysis of a sample of the product by the Bureau of Chemistry of this?
department showed the following results, expressed in parts per 100,000, 100??
proof, unless otherwise noted:
Proof   (degrees)?
79. 5
Acids, total, as acetic?
       3
Esters, fixed, as acetic?
    8. 9
Aldehydes, fixed, as acetic?
   1. 5
Furfural?
       0
Fusel oil (Allen-Marquardt method)?
       0
Misbranding of the product was alleged in the information for the reason?
that the label and brand on said article of food bore statements, to wit. " Genu??
ine Hollands Geneva Process James DeKompy & Zeter Brand," and designs?
and devices regarding said article of food and the ingredients and substances?
contained therein, which said statements, designs, and devices were false, mis??
leading, and deceptive in that they purported and represented said article of?
food to be genuine Holland gin, imported from Holland, whereas, in truth and?
in fact, said article of food was not a Holland gin, but was an ordinary gin of?
domestic origin and manufacture. 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 in that by said label and brand said?
article of food purported and was represented to be a foreign product and of?
foreign origin and manufacture, said label and brand conveying the impression?
that said article of food was a Holland gin, whereas, in truth and in fact, said?
article of food was not a foreign product nor of Dutch origin and manufacture,?
but was a domestic product and of American origin and manufacture.
On April 7, 1914, the defendant company entered a plea of nolo contendere?
to the information and the court imposed a fine of $100 and costs of $16.20.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September 24, 1914.
Supplement.]    SEKVIGE  AND  REGULATORY ANNOUNCEMENTS.	549