3699. Adulteration and misbranding of so-called liquors. U. S. v. 2 Cases of Liquors. De??
fault decree of condemnation and forfeiture. Product labeled " Sambuca," etc.,?
ordered destroyed. Product labeled " Stella," etc., ordered sold by the "United States?
marshal.     (F. & D. No. 5876.    I. S. Nos. 9469-h, 9470-h.    S. No. E-93.)
On August 24, 1914, 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 a libel for the seizure and condemnation?
of 2 cases, each containing 12 bottles of so-called liquor, remaining unsold in?
the original unbroken packages at Newark, N. J., alleging that the product had?
been shipped on or about July 25, 1914, and transported from the State of New?
lork into the State of New Jersey, and charging adulteration and misbranding?
in violation of the Food and Drugs Act. One of the cases was labeled: " Sam??
buca. Milan Importing Co. M. Petillo, 40 Stone St., Newark, N. J. American?
Express Co., New York. Route 18. No. 331 to 3." The bottles in this case?
were labeled: (Neck label) " Milan Importing Co." (Shoulder label) "Purity?
Guaranteed by Milan Importing Co. Under the Pure Food and Drugs Act, June?
30th, 1906, Serial No. 58417. Made in New York." (Main label) " Sambuca?
Extra Fina. Panorama di Napoli (design of bay and volcano, medals of award,?
and coat of arms)    Milan Importing Co., New York.   Sambuca Extra Fina."
Adulteration of this product was alleged in the libel for the reason that a?
substance, to wit, methyl alcohol, had been mixed and packed therewith so as?
to reduce, lower, and injuriously affect its quality and strength; and for the?
further reason that a substance, to wit, methyl alcohol, had been substituted?
wholly or In part for ethyl alcohol; and for the further reason that the product?
contained a deleterious ingredient, to wit, methyl alcohol, which might render?
the same injurious to health. Misbranding of this product was alleged for the?
reason that the labels on the bottles containing the same were so constructed?
as to convey the impression that the product was of foreign origin, which was?
false and misleading.
The other case of liquor was labeled: "Stella. Milan Importing Co. M.?
Petillo, 40 Stone St., Newark, N. J. American Express Co., New York 332."?
Each of the bottles of this case was labeled: (Neck label) "Marco di Fabrica?
Depositata (design of coat of arms)." (Small label above main label)?
"Marca di Fabrica Depositata (design coat of arms and medals of award)."?
(Main label) " Gran Iiquore Delia Stella (design of medals of award and coat of?
arms)    Specialita Italiana."    (Blown in bottle) " Ditta G. Alberti, Benevento."
Misbranding of the product in this case was alleged in the libel for the reason?
that the labels on the bottles containing the same were so constructed as to?
convey the impression that the product was of foreign origin, which was false?
and misleading.
On December 4, 1914, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the case of liquor labeled " Sambuca," etc., should be destroyed, and that?
the case of liquor labeled " Stella," etc., should be sold by the United States?
marshal.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, March 26, 1915.
N.J.3651-3700.]     SERVICE AETD REGULATORY ANNOUNCEMENTS.	239