400 ANNUAL EEPORTS OF DEPARTMENT OF AGRICULTURE. 



offense attempted to be charged, Avas substantially pleaded. It was 

 further held that allegations to the effect that the shipment consisted 

 of certain packages, that the packages contained the circular or 

 pamphlets described, and that one of the representations was con- 

 tained on the label and the other was included in said circular were 

 sufficient to charge that the misrepresentations in question were 

 intended to accompany the bottles containing this drug product into 

 the hands of the consumer. 



Discussing the term " remedy " upon the labels of drug products, 

 the court expressed the view that the term " remedy " implied a 

 curative tendency though not guaranteeing a cure. 



In United States v. Watsori-Durand-Knsper Grocery Co. (N. J. No. 

 5543), tried by the United States District Court for the District of 

 Kansas without a jury on an agreed statement of facts, which showed 

 that the defendant shipped in interstate commerce 250 pails of candy 

 of several varieties under two distinct billings, it was alleged in the 

 information that the candy was adulterated in that it consisted in 

 whole or in part of a filthy, decomposed, and putrid vegetable sub- 

 stance. The court held, on the authority of B. & O. S. W. R. R. v. 

 United States (220 U. S., 94), that the shipment m this case of the 

 divers articles of confectionery under different billings constituted 

 but one offense under the food and drugs act. The court held, further, 

 that the defendant was guilty of shipping an article adulterated under 

 the provisions of section 7 relating to confectionary, holding in this 

 connection that the phrase " or other ingredient deleterious or detri- 

 mental to health " in the provisions mentioned was not limited or re- 

 stricted by the preceding phrase " or other mineral substance or 

 poisonous substance or flavor." In the opinion of the court it was 

 the intent of the law-making power to provide that confectionery 

 might be adulterated in violation of the terms of the act in three dis- 

 tinct and separate ways: 



(1) By causing it to contain terra alba, barytes, talc, chrome yellow, or other 

 mineral substance or poisonous color or tlavor. 



(2) By permitting it to contain or include any "other ingredient deleterious 

 or detrimental to health." 



(3) By the use of "any vinous, malt, or spirituous liquor or compound or 

 narcotic drug." 



In United States v. Joseph L. Schider et al. (unreported F. and D. 

 No. 7805), the United States District Court for the Southern District 

 of New York sustained a demurrer to an indictment charging adul- 

 teration and misbranding of an article labeled " Compound ess 

 grape," upon the authority of Weeks v. United States (224 Fed., 64), 

 relating to the labeling of compounds. The case is pending in the 

 Supreme Court on the Government's writ of error. 



In United States v. Natura Co. (N. J. No. 5552), tried in the North- 

 ern District of California, the court, in rejecting the Government's 

 contentions relative to misbranding under the Sherley amendment to 

 the food and drugs act of an article called "Akoz," held that " it could 

 not be concluded that when the defendant used the word ' remedy ' 

 it used it as synonymous with ' cure,' nor can it be concluded that 

 the word would be accepted by the public to mean cure." 



In United States v. 6 Barrels of Ground Pepper (N. J. No. 5547), 

 where quinine alkaloid had been used by the Government as a marker 

 for the detection of the presence of added pepper shells in the prod- 



