3351.  Adulteration,  and  misbranding  of  Jamaica  ginger  and  peppermint?
extract.     U. S. v. Victor  Gantier & Co.     Plea of gnilty.     Fine, $15.
(F. & D. No. 5146.    I. S. Nos. 36223-e, 36224-e.)
At the March, 1914, term of the District Court of the United States for the?
Southern District of New York the United States attorney for said district,?
acting upon a report by the Secretary of Agriculture, filed in said court an?
information against Victor Gautier & Co., a corporation, New York, N. Y.,?
alleging the sale by the defendant on April 8, 1912, under a guaranty to the?
effect that the articles were not adulterated or misbranded within the meaning?
of the Food and Drugs Act of June 30, 1906:
(1)?Of a quantity of Jamaica ginger, which was so adulterated and mis-?
branded, and which said article, on April 9, 1912, was shipped by the pur??
chaser thereof from the State of New York into the State of Virginia in viola??
tion of the Food and Drugs Act. This product was labeled, " Superfine?
Jamaica Ginger." Analysis of a sample of the product by the Bureau of?
Chemistry of this department showed the following results:
Alcohol  (per cent)?
31.68
Test for ginger : Positive.?
Test for capsicum: Positive.
It was alleged in the information that this article, at the time of purchase?
of the same from said defendant and at the time of the shipment of the same?
in interstate commerce, was adulterated in that another substance, to wit, a?
dilute solution of alcohol containing but a small amount of ginger and?
strengthened with capsicum had been mixed and packed with said article so?
as to reduce and lower and injuriously affect its quality and strength, and in?
that another substance, to wit, a dilute solution of alcohol containing but a?
small amount of ginger and strengthened with capsicum, had been substituted?
for the genuine article, Jamaica ginger, which said article purported to be.?
Misbranding was alleged for the reason that the words on the label thereof,?
" Jamaica Ginger," regarding said article and the ingredients and substances?
contained therein, were false and misleading in that said label would indicate?
that said article was Jamaica ginger, whereas, in truth and in fact, the said?
article was not Jamaica ginger, but was a dilute solution of alcohol containing?
but a small amount of ginger and strengthened with capsicum.
(2)?Of a quantity of peppermint extract, which was adulterated and mis-?
branded, and which, on April 9, 1912, was shipped by the purchaser thereof?
from the State of New York into the State of Virginia in violation of the?
Food and Drugs Act. This product was labeled " Superfine Peppermint."?
Analysis of a sample of this product by the said Bureau of Chemistry showed?
the following results:
Alcohol   (per   cent)?
31.16
Oil of peppermint: Trace.
Color: Artificial?Naphthol Yellow S.
It was alleged in the information that the article, at the time of purchase?
of the same and at the time of the shipment of the same in interstate com??
merce, was adulterated in that another substance, to wit, a dilute solution?
of alcohol, artificially colored with a coal tar dye, and containing only a trace?
of peppermint oil, had been mixed and packed with said article so as to re??
duce and lower and injuriously affect its quality and strength; and, further,?
in that a dilute solution of alcohol, artificially colored, containing only a trace?
of peppermint oil, had been substituted wholly for the genuine article; and?
said article was further adulterated in that it was artificially colored with a?
coal tar dye, to wit, Naphthol Yellow S, in a manner whereby its inferiority
566	
BUREAU  OF  CHEMISTRY.	
[July, 1914.
was concealed. Misbranding was alleged for the reason that the words?
"Superfine Peppermint" on the label thereof, regarding said article and the?
ingredients and substances contained therein, were false and misleading, in?
that said label would indicate that said article was a genuine extract of pepper??
mint, whereas said article was not a genuine extract of peppermint, but, in?
truth and in fact, was a dilute solution of alcohol, artificially colored, con??
taining only a trace of peppermint oil.
On April 13, 1914, the defendant company entered a plea of guilty to the?
information and the court imposed a fine of $15.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September 24, 1914.