804 ANNUAL KEPORTS OF DEPAETMENT OF AGRICULTURE. 



mixture of commercial vanillia and couraarin, artificially colored, had been substi- 

 tuted for vanilla extriict, and because the article was an imitation of and offered 

 for sale under the name of all-bean vanilla. The claimant excepted to the sufficiency 

 of the libel, and the exceptions were overruled and a decree of condemnation 

 and forfeiture entered a,u;ainst the product. The claimant, in due course, filed its 

 assignment of errors and sued out a writ of error, on which the case was pending at 

 the close of the vear. 



There was also pendinji: before the circuit court of appeals for the 

 eighth circuit the case of the Nave-McCord Mercantile Company v. 

 United States. The plaintiff in error shipped in interstate commerce 

 an article of food labeled "A pure flavor Eden brand flavor of lemon 

 and citral. Natural color." Analysis of samples procured from 

 the shipment showed that the product contained no appreciable 

 quantity of oil of lemon and very little citral, and in due course a 

 criminal information was filed ao;ainst the company charging the 

 interstate shipment and alleging that the article was adulterated and 

 misbranded because it was represented by the label to be a pure flavor 

 or extract derived from the lemon fruit containing the oil of lemon 

 and citral derived from said fruit, when in fact it contained no lemon 

 oil, but did contain an added substance not derived from the fruit, 

 to \nt, citral. A demurrer was interposed, attacking the sufhciency 

 of the information and alleging that it was improperly filed, not being 

 founded on the affidavits of witnesses who could speak from personal 

 knowledge of the facts. This demurrer was overruled and the 

 defendant company entered a formal plea of not guilty. The case 

 was then tried to the court, and the judgment declared the defendant 

 guilty as charged, and adjudged that it pay a fine of $200 and costs. 

 The defendant thereupon sued out its writ of error and the case is 

 pending to have reviewed errors claimed to appear in the record and 

 for determination whether the facts found by the trial court war- 

 ranted the judgment of conviction and the fine assessed. 



NOTICES OF JUDGMENT. 



In January you directed that the notices of judgment required by 

 section 4 of the act, which had theretofore been prepared by the 

 Bureau of Chemistry, subject to the Solicitor's approval, should be 

 prepared in the Office of the Solicitor. Three hundred and twenty- 

 nine notices of judgments of the courts in food and drug cases were 

 published during the six months ending June 30, 1910, and 100 more 

 were completed and in the course of publication. Notices were pre- 

 pared in every case of the termination of which the Department had 

 been ofhcially advised by the United States attorneys up to the close 

 of tlie year, including cases decided adversely as well as favorably to 

 the Government. Care has been exercised to insure that the notices 

 set forth accurately the facts in each case as they appear on the 

 records of the court, and it is believed that the}^ are important factors 

 in securing observance of the law, since they operate not only to deter 

 future violations by the parties responsible for tlie adulteration or 

 misbranding of the particular food or drug which is the subject of the 

 notice, but serve to acquaint manufacturers and producers generally 

 with the interpretation placed by the courts on the provisions of the 

 act defining adulteration and misbranding. 



