358 



ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



In addition to the fines imposed, costs were generally assessed. 



Of the 602 civil cases terminated during the year decrees of con- 

 demnation and forfeiture were entered in 543, of which 6 were 

 decided favorably to the Government after contest; in 17 the libels 

 w T ere dismissed or the proceedings discontinued or dropped with the 

 consent of the Government; in 40 the packages were broken or dis- 

 posed of before seizure could be made; and in 2 the court decided 

 adversely to the Government after trial. In the 543 cases in which 

 decrees of condemnation and forfeiture were entered the goods were 

 destroyed in 330, released on bond or otherwise in 177, sold in 35, 

 ordered sold or destroyed in 1. 



At the close of the year 377 cases were pending, of which 200 were 

 criminal prosecutions and 177 were seizures. 



In addition to the cases reported by this department to the Depart- 

 ment of Justice, the food and drugs officials of the various States and 

 of the District of Columbia, collaborating with the department in the 

 enforcement of the act, reported 18 cases to the United States attor- 

 neys for action. Of these 11 were criminal cases and 7 were seizures. 

 In all of the criminal cases there were convictions. In 3 of the seizure 

 cases decrees were entered and the products either sold or released on 

 bond; in another case a writ of restitution was granted. The 3 

 remaining seizure cases are pending. The fines in the criminal cases 

 were as follows: 



Six hundred notices of judgment were prepared. 



Upon the application of several organizations of merchants, a 

 public hearing was given upon the question whether single hams and 

 single sides of bacon, wrapped or covered with paper, cloth, or gela- 

 tine, are " in package form," within the meaning of the net- weight 

 amendment of March 3, 1913 (37 Stat., 732), to the food and drugs 

 act. The matter was still under consideration at the end of the year. 



Cases of Interest. 



In United States v. 40 Barrels and 20 Kegs of Coca Cola (241 

 U. S., 265; Circular 86, Office of the Solicitor), the Supreme Court 

 reversed the judgment of the United States Circuit Court of Appeals 

 for the Sixth Circuit (215 Fed., 535; Circular 80, Office of the 

 Solicitor), which sustained the judgment of the District Court for 

 the Eastern District of Tennessee dismissing the libel filed by the 

 Government to condemn the article for alleged adulteration and mis- 

 branding (191 Fed., 431). The Supreme Court held that the cafTein 

 in Coca Cola is an " added " ingredient within the meaning of the 

 act, and that the questions whether the presence of caffein may render 

 the article injurious to health, and whether the name " Coca Cola " 

 is false or misleading, are questions of fact for a jury to decide. 



