3525. Adulteration and misbranding of sciroppo amarena. IT. S. v. Robert Bernagozzi et al.?
(W. P. Bernagozzi & Bros.). Piea of guilty. Fine, $15. (F. & D. No. 5448. I. S. No.?
22819-d.)
On June 16, 1914, the United States attorney for the Southern District 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 against Robert Bernagozzi, Ferdi-?
nando Bernagozzi, and William Bernagozzi, copartners, trading under the firm name?
and style of W. P. Bernagozzi & Bros., New York, N. Y., alleging shipment by said?
defendants, in violation of the Food and Drugs Act, on May 15, 1912, from the State?
of New York into the State of Illinois, of a quantity of sciroppo amarena, which was?
adulterated and misbranded. The product was labeled: "Sciroppo amarena (Picture?
of cherries)."
Analysis of a sample of the product by the Bureau of Chemistry of this department?
showed the following results:
Solids (per cent)?
 66. 90
Sucrose (per cent)?
    2. 25
Invert sugar (per cent)?
 63. 97
Ash (per cent)?
    0. 02
. Citric acid (per cent)?
    0. 66
Color: Amaranth.?
Benzaldehyde: Trace.?
Cinnamon: Trace.
This product is a sugar sirup artificially colored with amaranth dye, acidi??
fied with citric acid, and flavored with benzaldehyde and cinnamon.
Adulteration of the product was alleged in the information for the reason that a sub??
stance, to wit, sugar sirup, artificially colored with a coal-tar dye known as amaranth,?
acidified with citric acid, and flavored with benzaldehyde and cinnamon, had been?
substituted wholly or in part for the genuine cherry sirup which the article purported?
to be. Adulteration was alleged for the further reason that the product was colored?
with a coal-tar dye known as amaranth, in a manner whereby its inferiority was con??
cealed. Misbranding was alleged for the reason that the statement "Sciroppo Ama??
rena, " together with the picture of cherries appearing on the label aforesaid regarding?
said article, and the ingredients and substances contained therein, was false and mis??
leading in that it indicated that said article was a cherry sirup, whereas, in truth and?
in fact, it was not a cherry sirup, but was a sugar sirup, artificially colored with a coal-?
tar dye known as amaranth, acidified with citric acid, and flavored with benzaldehyde?
and cinnamon. Misbranding was alleged for the further reason that the product was?
labeled and branded so as to deceive and mislead the purchaser, being labeled "Sci??
roppo Amarena" and branded with a picture of cherries, thereby indicating that said?
article was a cherry sirup, whereas, in truth and in fact, said article was not a cherry?
sirup, but was a sugar sirup, artificially colored with a coal-tar dye known as ama??
ranth, acidified with citric acid, and flavored with benzaldehyde and cinnamon.?
Misbranding was alleged for the further reason that the article purported to be a for??
eign product, whereas, in truth and in fact, it was not a foreign product, but was an?
article produced in the United States.
On June 19, 1914, a plea of guilty was entered on behalf of the defendant firm, and
the court imposed a fine of $15.
CARL YROOMAN, Acting Secretary of Agriculture.
WASHINGTON, D. C, January IS, 1915.
N. J.3501-3550.]    SERVICE AND BEGULATORY ANNOUNCEMENTS.