4782. Adulteration and misbranding of cognac, and misbranding of " Liquore?
St. Rega." TJ. S. v. Adolph Voltter. Plea of guilty. Fine, $50.?
(F. & D. No. 7201.    I. S. Nos. 1365-k, 1367-k.)
On May 4, 1916, the United States attorney for the Southern District oi ixew?
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 Adolph?
Voltter, New York, N. Y., alleging shipment by said defendant, in violation of?
the Food and Drugs Act, on May 8, 1914, from the State of New York into the?
State of Ohio, of quantities of cognac and " Liquore St. Rega," the "first of?
which was adulterated and misbranded, and the latter misbranded.
The cognac was labeled: (Neck label) (Design of three stars) "Grande Fine?
Champagne." (Main label) (Design of shield) "Trade Mark Cognac Type?
Fin Vieux Brandy Alarqu d' Armoiries Net 'Contents 23 ounces A Compound?
Guaranteed by The General Importing Co., N. .Y.    Serial No."
Analysis of a sample of this article by the Bureau of Chemistry of this de??
partment showed the following results, expressed as parts per 100,000 of 100??
proof spirits unless otherwise stated:
Proof at 60? F. (degrees) __??
   72.8
Total acids (as acetic)?
    10.7
Esters  (as acetic)?
      4.8
Fusel oil (as amyl alcohol)?
      3.6
Product was a mixture of neutral spirits and alcohol.
Adulteration of the article was alleged in the information for the reason?
that a substance, to wit, neutral spirits, had been substituted, in whole or in?
part, for cognac (or cognac type or fine old brandy, as the case might be),?
which the article purported to be.
Misbranding was alleged for the reason that the statement, to wit, " Cognac,"?
borne on the label of the bottle, regarding the article and the ingredients and?
substances contained therein, was false and misleading in that it indicated that?
the article was cognac, a brandy produced in the Cognac district of France, and?
for the further reason that it was labeled " Cognac " so as to deceive and mis??
lead the purchaser into the belief that it was cognac, a brandy produced in?
the Cognac district of France, whereas, in truth and" in fact, it was "not, but?
was a mixture largely composed of neutral spirits, produced in the United?
States of America. Misbranding was alleged for the further reason that the?
statement in French and English, to wit, "Fin Vieux Brandy," borne on the?
label of the article, regarding it and the ingredients and substances contained?
therein, was false and misleading in that it indicated that the article was fine?
old brandy; and for the further reason that the article was labeled as afore??
said so as to deceive and mislead the purchaser into the belief that it was fine?
old brandy, whereas, in truth and in fact, it was not, but was a mixture com??
posed largely of neutral spirits. Misbranding was alleged for the further?
reason that the article was a product produced in the United States of America,?
to wit, the city of New York, State of New York, and purported to be a foreign?
product, to wit, a cognac produced in the Cognac district of France.
The "Liquore St. Rega" was labeled: (On neck and sticker)" Marea di?
Fabrica Depositata " (Representation of coat of arms.) (Main label) "Gran?
Liquore Delia St. Rega Specialita Italiana " (Representation of coats of arms?
and medals.) (Back iabel) "Net Contents 23 Ounces Artificial Coloring?
Guaranteed by A. Voltter Under Pure Food and Drugs Act June 30, 1906.?
Serial No. 54159."
Analysis of a sample of this article by said Bureau of Chemistry showed?
that it was of the following composition:
N.J. 4701-4750.] SERVICE  A1STD   EEGTlLATOEY  ANKTOUIMCEMEWTS,	297
Specific gravity at 15.5? 0./15.50 G?
      1. 01639
Alcohol  (per cent by volume)?
?    22. 50
Solids   (per   cent)?
      5.89
Color: Fast yellow, corresponds in all reactions to
S. & J. No. 9.
Potassium cyanid test?
  Negative.
Orange flavor.
The composition of the product was not similar to that of?
the genuine imported liquor St. Rega.
. Misbranding of this article was alleged for the reason that the statement,?
to wit, " Gran Liquore Delia St. Rega Specialita Italiana," borne on the label?
thereof, regarding it and the ingredients and substances contained therein,?
was false and misleading in that it indicated that the article was a foreign?
product, to wit, a genuine liquor St. Rega, an article produced in the Kingdom?
of Italy, and for the further reason that it was labeled as aforesaid so as to?
deceive and mislead the purchaser into the belief that it was a foreign product?
as aforesaid, whereas, in truth and in fact, it was not, but was an imitation?
product of domestic origin. Misbranding was alleged for the further reason?
that the product was an article produced in the United States of America, to?
wit, in the city of New York, State of New York, and purported to be a foreign?
product, to wit, a genuine liquor St. Rega, an article produced in the Kingdom?
of Italy.
On May 12, 1916, the defendant entered a plea of guilty to the information,?
and the court imposed a fine of $50.
CARL VEOOMAN, Acting Secretary of Agriculture.
298	
BUREAU  OF   CHEMISTRY.	
[Supplement.25.