3633. Adulteration and misbranding of so-called rum and cognac. U. S. v. 1 Case of * * *?
Rum ; U. S. v. 5 Cases of * * * Cognac. Consent decree of condemnation, for??
feiture, and destruction. (F. & D. No. 5731. I. S. Nos. 901-k, 1605-k. S. No.?
E-114.)
On September 26, 1914, the United States attorney for the District of Massa??
chusetts, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district libels for the seizure and?
condemnation of 1 case containing an article purporting to be rum, and 5?
cases containing a product purporting to be cognac, remaining unsold in the?
original unbroken packages at Boston, Mass., alleging that the product had?
been shipped by A. Blum Jr.'s Sons, New York, N. Y., and transported from?
the State of New York into the State of Massachusetts, and charging adultera??
tion and misbranding in violation of the Food and Drugs Act.
Adulteration of both products was alleged in the libels because substances,?
to wit, neutral spirits, had been mixed and packed with said foods in such a?
manner as to reduce, lower, and injuriously affect their quality and strength.?
Misbranding of the rum was alleged for the reason that said food, upon the?
packages and labels thereof, bore a certain statement, design, and device re??
garding the ingredients and substances contained in said food, that is to say,?
" Burke's Fine Old Jamaica Rum. G. Eustace Burke & Bro., Ltd., Kingston,?
Jamaica, and Saint Croix," which statement, design, and device was false and?
misleading, because it would lead the purchaser to believe that said food was?
a Jamaica rum, whereas in truth and in fact it was not a Jamaica rum. Mis??
branding was alleged for the further reason that it was labeled and branded?
with the words, " Burke's Fine Old Jamaica Rum. G. Eustace Burke & Bro.,?
Ltd., Kingston, Jamaica, and Saint Croix," so as to deceive and mislead the?
purchaser to believe that said food was a foreign product, when in fact it was?
not. Misbranding of the so-called cognac was alleged for the reason that said?
food, upon said packages and labels thereof, bore certain statements, designs,?
and devices regarding the ingredients and substances contained in said food,?
that is to say, the following words, " Louis Bechade, Cognac," and three starb?
prominently displayed thereon, " Louis Bechade, Cognac. The Produce of?
France," which statements, designs; and devices were false and misleading,?
because they would lead the purchaser to believe that said food consisted of?
cognac and was the product of a foreign country, whereas in truth and in fact?
said food was not cognac and was not the product of a foreign country.
On December 21, 1914, the said A. Blum Jr.'s Sons, claimant, having admitted?
that the allegations of the libels were true, judgments of condemnation and?
forfeiture were entered, and it was ordered by the court that the products?
should be destroyed by the United States marshal.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, March 12, 1915.
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BUEEAU   OF   CHEMISTKY.	
[Supplements.