4722. Adulteration and misbranding of extract of malt and hops. U. S. v. The?
Ehling' Brewing Co., a corporation. (The Bromstaff Malt Extract?
Co.).     Plea of guilty.     Fine, f 50.     (F, & D. No. 7178.    I. S. No. 1893-k.)
On April 19, 1916, 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?
The Ebling Brewing Co., a corporation, New York, N. Y., alleging shipment by?
said defendant, in violation of the Food and Drugs Act, under the- trade name?
and style of the Bromstaff Malt Extract Co., on March 2, 1915, from the State?
of New York into the State of South Carolina, of a quantity of extract of malt?
and hops which was adulterated and misbranded. The article was labeled:?
(On bottle) " Bromstaff " (sheaf of grain flanked by two stars) "Extract of?
Malt & Hops Trade Mark Staff of Life Prepared Bottled and Guaranteed by?
The Bromstaff Malt Extract Co. New York, U. S. A. Registered by Bromstaff?
Malt Extract Co. Contents 12 fluid ounces. Nursing mothers should use this?
tonic liberally. Directions: A wineglassful with each meal and on going to bed?
or as may be directed by the physician. Alcohol not over 6 per cent by volume.?
A highly nutritive combination of the digestive qualities of Malt and Hops in a?
liquid which is pleasant to take put up in sterile bottles and pasteurized. For?
medicinal use?Not a beverage. Bromstaff Extract of Malt and Hops Staff of?
Life is a liquid preparation of pure Malt and Hops. The potency of Bromstaff?
Extract of Malt and Hops is well known to .all Physicians, who, knowing its?
efficacy, freely prescribe it as a strengthener of vital energy, as an aid to bene??
ficial sleep, as inducing a healthy digestion and as sharpening the appetite.?
Bromstaff is strictly a medicinal preparation. Bromstaff is not sold as a bever??
age. Directions for Use: Dose?A wineglassful before each meal and before?
retiring. Loss of Appetite?A wineglassful before each meal will sharpen the?
appetite. Sleeplessness?A wineglassful or two before retiring acts to aid bene??
ficial sleep. Convalescents?A wineglassful at each meal and before retiring?
will assist a return to a healthy normal state. Nursing Mothers?A wineglassful?
before or during each meal and before retiring. Bromstaff Extract of Malt and?
Hops   New York   U. S. A."
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed the following results :
Specific gravity at 15.6? C./15.60 C?
     1. 019
Alcohol (per cent by weight)??;?
      3.76
Extract   (per cent)?.?
      6.73
Extract in original wort (percent)?
    14.25
Maltose (anhydrous)   (percent)-?
      2.02
Dextrin   (per   cent)?.?
     2.57
Ash  (per cent)??,?
      0. 273
Protein   (per   cent)?
      0.829
Phosphoric acid, as P2Os (milligrams per 100 cc)?
105. 0
Sample consisted of a fermented liquor of the nature of malt beer.
Adulteration of the article was alleged in the information for the reason that?
a fermented beverage containing saccharin, but otherwise similar to beer, had?
been substituted, in whole or in part, for extract of malt and hops, which the?
article purported to be.
Misbranding was alleged for the reason that the following statements re??
garding the article and the ingredients and substances contained therein, ap??
pearing on the labels aforesaid, to wit, " Extract of Malt and Hops" and?
" Bromstaff Extract of Malt and Hops Staff of Life is a liquid preparation?
of pure Malt and Hops," were false and misleading in that they indicated to
N.J. 4701-4750.] SERVICE AND REGULATORY ANNOUNCEMENTS.	285
purchasers thereof that the article was an unfermerited extract'of malt and?
hops, when, in truth and in fact, it was not, but was, to wit, a fermented bever??
age containing saccharin, but otherwise similar to beer. Misbranding was?
alleged for the further reason that the article consisted of food in package?
form, and the quantity of the contents was not plainly and conspicuously?
marked on the outside of the package in terms of weight, measure, or numerical?
count.
On April 28, 1916, the defendant company entered a plea of guilty to the in??
formation, and the court imposed a fine of $50.
CAUL VBOOMAN, Acting Secretary of Agriculture.?
92645??17?4
286	
BUREAU   OP   CHEMISTRY.	
[Supplement 25.