11846. Adulteration and misbranding of baking- powder and lemon  com 
pound. TJ. S. v. Pnilip Scbaefer (Phil. Schaefer & Sons). Plea of 
guilty.     Fine, $200.     (F. & D. No. 17414.     I. S. Nos. 2577-v, 7626-t.)
On or about July 11, 1923, the United States attorney for the Eastern Dis- 
trict of Pennsylvania, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district an information 
against Philip Schaefer, trading as Phil. Schaefer & Sons, Philadelphia, Pa., 
alleging shipment by said defendant, in violation of the Food and Drugs Act, as 
amended, from the State of Pennsylvania into the State of New Jersey, on or 
about May 27, 1922, of a quantity of lemon compound, and on or about October 
16, 1922, of a quantity of baking powder, both of which were adulterated and 
misbranded. The articles were labeled in part, respectively: " Lemon Com- 
pound Made from Oil of Lemon pressed from the Lemon Peel. Phil. Schaefer 
Manufacturer and Jobber * * * Bakers' Specialties Philadelphia, Pa.;" 
" Schaefer's Made From Pure Cream Tartar Sure Absolutely Pure * * * 
Magic Pastry   *    *    *    Baking Powder."
Analysis of a sample of the baking powder by the Bureau of Chemistry of 
this department showed that it consisted of a mixture of acid phosphate, sodium 
aluminum sulphate, bicarbonate of soda, starch, cream of tartar, and mag- 
nesium carbonate. Analysis of a sample of the lemon compound by said bureau 
showed that it was cottonseed oil containing about 16 per cent of lemon oil.
Adulteration of the baking powder was alleged in the information for the 
reason that a product made in large part from acid phosphate and sodium 
aluminum sulphate, which contained bicarbonate of soda, cornstarch, and mag- 
nesium carbonate, had been mixed and packed therewith so as to lower and 
reduce and injuriously affect its quality and strength and had been substituted 
in large part for a product made from pure cream tartar, which the- article pur- 
ported to be.
Misbranding of the baking powder was alleged for the reason that the state- 
ments, to witr " Made From Pure Cream Tartar," " This baking powder is 
manufactured from pure Cream Tartar," and "The manufacturer begs to in- 
form the trade herewith that the Baking Powder contained herein is manun 
factured under his own supervision and guarantees to be absolutely pure and 
wholesome," borne on the cans containing the article, regarding the said article 
and the ingredients and substances contained therein, were false and mislead- 
ing in that they represented that the article was made wholly from pure 
cream tartar, and fox the further reason that it was labeled as aforesaid so 
as to deceive and mislead the purchaser into the belief that it was a product 
made wholly from cream tartar, whereas, in truth and in fact, it was not a 
product made wholly from cream tartar but was a product made in large part 
from acid phosphate and sodium aluminum sulphate and contained bicarbonate 
of soda, cornstarch, magnesium carbonate, and a small amount of cream tartar. 
Misbranding of the said baking powder was alleged for the further reason 
that it was a product composed in large part of acid phosphate and sodium 
aluminum sulphate and contained bicarbonate of soda, cornstarch, and mag- 
nesium carbonate, and a small amount of cream tartar, prepared in imitation 
of and offered for sale and sold under the distinctive name of another article, 
to wit, a product made from pure cream tartar.
Adulteration of the lemon compound was alleged for the reason that a 
substance, to wit, cottonseed oil, had been mixed and packed therewith so as to< 
lower and reduce and injuriously affect its quality and strength and had been 
substituted in part for lemon compound made from oil of lemon, which the 
article purported to be.
Misbranding of the lemon compound was alleged for the reason that the 
statement, to wit, " Lemon Compound Made from Oil of Lemon pressed from 
the Lemon Peel," borne on the labels attached to the jugs containing the- article, 
regarding the said article and the ingredients and substances contained therein, 
was false and misleading in that it represented that the article was a product 
made wholly from oil of lemon pressed from the lemon peel, and for the further 
reason that it was labeled as aforesaid so as to deceive and mislead the pur- 
chaser into the belief that it was a product made wholly from oil of lemon 
pressed from the lemon peel, whereas, in truth and in fact, it was not a product 
made wholly from oil of lemon pressed from the lemon peel but was a product 
made in large part from cottonseed oil, and contained a small amount of oil of 
lemon. Misbranding was alleged for the further reason that the article was a 
product made in large part from cottonseed oil and contained a small amount 
of lemon oil, prepared in imitation of and offered for sale and sold under the 
distinctive name of another article, to wit, lemon compound made from oil of 
lemon pressed from the lemon peel. Misbranding was alleged with respect 1o 
the so-called lemon compound for the further reason that it was food in package 
form, and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
On or about September 27, 1923, the defendant entered a plea of guilty to the 
information, and the court imposed a fine of $200.
HOWARD M. GORE, Acting Secretary of Agriculture.