5881. Adulteration   as   iwisbrandin-g,-   of   almond   paste,    17.   S-.   *    *    *   v. 
Spencer Importing? Co., Inc., a. corporation.    Plea of gfttilty.     Fine,
$ 10.     (P. & D. No. 786T.    L S. No. 2610-k.)
On March 7, 1917, 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 Spencer Importing Co., Inc., a corporation, New York, N. Y., alleging ship- 
ment by said company, in violation of the Food and Drugs Act, on January 14, 
1915, from the State of New York into the State of Pennsylvania, of a quantity 
of an article labeled in part: " Pure Almond Paste," which was adulterated 
and misbranded.
,   Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed the presence of apricot tissue.
Adulteration of the article was alleged in the information for the reason 
that a certain substance, to wit, apricot kernel paste, had been mixed and 
packed therewith so as to reduce, lower, and injuriously affect its quality and 
strength, and had been substituted in part for pure almond paste, which the 
article purported to be.
Misbranding was alleged for the reason that the statement, to wit, "Pure 
Almond Paste," borne on the label attached to the cans, regarding the article 
and the ingredients and substances contained therein, was false and misleading 
in that it indicated that said article consisted wholly of pure almond paste; 
and for the further reason that it was labeled as aforesaid so as to deceive 
and mislead the purchaser into the belief that it consisted wholly of pure 
almond paste, whereas, in truth and in fact, it did not, but consisted of, to wit, 
a mixture of apricot kernel paste and almond paste; and for the farther reason 
that it was, to wit, a mixture of apricot kernel paste and almond paste, and 
was an imitation of and offered for sale under the distinctive name of another 
article, to wit, pure almond paste.
On April 20, 1917, the defendant company entered a plea of guilty to the 
information, and the court imposed a fine of $10.
CARL VROOMAN, Acting Secretary of Agriculture.