21019. Adulteration and Misbranding of cherry and grape extracts. IT. S. 
v. Burtt BJ. Hickok and Daniel J. Honan (John X. Hickok & Son). 
Plea of guilty.   Fine, $100.     (F. & D. no. 29514.    I. S. nos. 34070, 34071.)
This action was based on interstate shipments of products labeled as pure 
fruit extract, which were found to consist of slightly concentrated fruit ex- 
tracts fortified with synthetic flavors.
On April 6, 1933, the United States attorney for the Eastern District of New 
York, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Burtt N. Hickok and Daniel J. Honan, copartners 
trading as John N. Hickok & Son, Brooklyn, N. Y., alleging shipment by said 
defendants in violation of the Food and Drugs Act, on or about March 2 and 
March 18, 1932, from the State of New York into the State of New Jersey, of 
quantities of cherry extract and grape extract that were adulterated and mis- 
branded. The articles were labeled in part: " J. N. Hickok & Son * * * 
Pure Fruit Cherry Extract Concentrated [or "Pure Fruit Grape Extract 
Genuine"]."
Adulteration of the cherry extract was alleged in the information for the 
reason that slightly concentrated cherry juice predominately flavored with 
benzaldehyde had been substituted for " Pure Fruit Cherry Extract Concen- 
trated ", which the article purported to be. Adulteration of the grape extract 
was alleged for the reason that slightly concentrated grape juice, predominately 
flavored with methyl anthranilate had been substituted for " Pure Fruit Grape 
Extract Genuine ", which the article purported to be; and for the further reason 
that methyl anthranilate had been substituted for the article. Adulteration 
of both products was alleged for the further reason that artificial flavoring 
substances had been mixed with the articles in a manner whereby inferiority 
was concealed.
Misbranding was alleged for the reason that the statements, " Pure Fruit 
Cherry Extract Concentrated" and "Pure Fruit Grape Extract Genuine", 
borne on the labels, were false and misleading, and for the further reason 
that the articles were labeled so as to deceive and mislead the purchaser, 
since the said statements represented that the articles consisted solely of fruit 
extracts, whereas they contained added, undeclared synthetic flavors. Mis- 
branding was alleged for the further reason that the articles were imitations 
of pure fruit cherry extract concentrated and genuine pure fruit grape extract, 
and were offered for sale under the distinctive names of said products.
On April 25, 1933, a plea of guilty to the information was entered by Daniel 
J. Honan, and the court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.