3347. Misbranding of " Gran Liqnore Delia Stella." IT. S. v. Gniseppe?
Citro and Joachim A. Castagna (G. Citro & Co.). Plea of non vnlt.?
Fine, $25.     (F. & D. No. 4846.    I. S. No. 19080-d.)
On April 9, 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 Guiseppe Citro?
and Joachim A. Castagna, doing business as G. Citro & Co., Hoboken, N. J.,?
alleging shipment by said defendants in violation of the Food and Drugs Act, on
562	
BUREAU  OF  CHEMISTRY.	
[July, 1914.
or about August 5, 1911, from the State of New Jersey into the State of Penn??
sylvania, of a quantity of a product called " Gran Liquore Delia Stella " which?
was misbranded. The bottles containing the product were labeled: (Neck?
label) "Stomachic digestive." Imprint in glass of sun with paster label in?
center with the words, " Marca Di Fabrica De Positata," and a foreign coat of?
arms. (Principal label) " Gran Liquore Delia Stella " (foreign coat of arms?
and coat of arms with several gold medals)  " Elixir Tonico Stomatico."
Analysis of a sample of the product by the Bureau of Chemistry of this?
department showed the following results:
Alcohol (per cent by volume)?
31.00
Methyl alcohol: None.
Solids (grams per 100 cc)?
22.21
Nonsugar solids: Practically none.
Sucrose (grams per 100 cc)?
22.16
Reducing sugars direct (grams per 100 cc)?
    0.15
Ash (grams per 100 cc)?
0.010
Test for coal tar color: Positive; the color is Naphthol Yellow S.
Misbranding of the product was alleged in the information for the reason?
that the statements " Marca Di Fabrica De Positata," "Gran Liquore Delia?
Stella," " Elixir Tonico Stomatico," together with a device on the label of each?
of the bottles representing a foreign coat of arms and medals, were false and?
misleading, because they created the impression that the said liquor was a?
foreign product, when, in truth and in fact, it was manufactured in the United?
States and therefore the said liquor was falsely branded as to the country in?
which it was manufactured. Misbranding was alleged for the further reason?
that said liquor was labeled and branded so as to deceive and mislead the?
purchaser, the said product being labeled " Stomachic-digestive. Marca Di?
Fabrica De Positata. Gran Liquore Delia Stella Elixir Tonico Stomatico,"?
and branded with a foreign coat of arms and several gold medals, thereby cre??
ating the impression that the product was of foreign origin, whereas, in truth?
and in fact, the said product was manufactured in the United States, and?
therefore, said liquor was falsely branded as to the country in which it was?
manufactured. Misbranding was alleged for the further reason that said?
liquor purported to be a foreign product, whereas, in truth and in fact, it was?
not a foreign product, the statements " Stomachic-digestive," " Marca Di Fa??
brica De Positata," " Gran Liquore Delia Stella," " Elixir Tonico Stomatico,"?
together with the device of a foreign coat of arms and several gold medals on?
the labels, being such as to convey the impression that said liquor was a product?
of Italy, when, in truth and in fact, the said liquor was not a product of Italy?
but a product of the United States. Misbranding was alleged for the further?
reason that in being a drug as well as a food the said liquor contained alcohol?
but the package containing said liquor failed to bear a statement on the label of?
the quantity or proportion of such alcohol contained therein.
On March 17, 1914, the defendant Castagna retracted his plea of not guilty?
theretofore entered and entered a plea of non vult, and the court imposed a fine?
of $50, which was later remitted to a fine of $25. The defendant Citro died?
before the case was terminated.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September 24, 191^.
Supplement]    SERVICE  AND  REGULATORY ANNOUNCEMENTS.	563