30 FOOD LAWS OF THE UNITED KINGDOM. 



This identical type of question has in fact come before the Britist 

 courts and they determined that "owing to the method in whicl: 

 caper tea is produced, the presence of 3.5 per cent of mineral mattei 

 in the tea did not constitute an adulteration, and that the sellei 

 was protected by this subsection." 



Section 7 is less broad in its language than section 6, and anj 

 article in violation of the former may be prosecuted under the latter 

 Section 7 seems to apply to those compounded goods, "the composi- 

 tion of which is distinctly recognized or indicated." 



Section 8 is a labeling provision, and in effect provides that ar 

 article if distinctly and legibly labeled is not in violation of this 

 section, unless the food or drug is mixed in a manner to increase 

 its bulk, weight, or measure, fraudulently. With this latter provisc 

 in view, the British courts have held that a mixture of 60 per cenl 

 of chicory and 40 per cent of coffee was, in spite of a label stating 

 that the product was such a mixture, in violation of section 8, because 

 the chicory has been fraudulently added to increase its bulk, weight 

 or measure. In this case, however, it appears that the inspectoi 

 asked for coffee and received the product labeled as a mixture oj 

 chicory and coffee, which it was in fact. In another case, an inspectoi 

 asked for "French coffee" and received a product so labeled, the 

 label indicating further that the product was a mixture of chicory 

 and coffee. The courts of Great Britain held that the label gave 

 proper notice to the purchaser and that he was not prejudiced 

 In another case, where the purchaser asked for "coffee" he was 

 informed that there was none in stock and was sold instead a product 

 labeled "coffee and chicory," his attention having been called tc 

 the label prior to the purchase. The courts refused to convict ir 

 this case. 



Section 9 has its counterpart in section 7 (3) in the case of foods 

 in the food law of the United States, which considers a food adul- 

 terated "if any valuable constituent of the article has been wholly 

 or in part abstracted." 



Section 9 appears to have been included in the sale of food anc 

 drugs acts to cover especially those cases where milk has beer 

 deprived of the whole or a part of the butter fat or cream normal to it 



There has been a number of interesting milk cases brought undei 

 this section. For example, a product was labeled "condensec 

 skimmed milk." Analysis showed that 97 per cent of the fat hac 

 been removed by means of a separator. Inasmuch as proof was 

 adduced that not over 63 per cent of milk fat could be removed b} 

 skimming, the product was not properly designated as "condensec 

 skimmed milk" and the high court did not interfere with the judg- 

 ment of the lower court in this case, which had been for conviction 

 In another case a product was labeled "condensed milk, Swiss dairj 



