BUREAU OF CHEMISTRY. 215 



salo under the distinctive name of another ai-ticle. The two are 

 (jiiite distinct, a deceptive hibel being an essential element of one 

 but not of the other. The court accordingly ruled that testimony 

 respecting the representations of the defendant's traveling salesman 

 was rightly admitted in evidence and submitted to the jury. 



The case reported in Notice of Judgment 036*2 is one imder the 

 Sherley amendment to the Food and Drugs Act, alleging misbrand- 

 ing of " Dr. J. II. McLean's Liver and Kidney Balm." The Court 

 of Appeals of the Eighth Circuit reversed a judgment of conviction 

 in the lower court because of error in the instructions of the court, 

 and a new trial was awarded. In the instructions to the jury on the 

 question of the fraudulent character of the statements made by the 

 defendant regarding the article, the court inadvertently said that 

 "one who makes a false statement not knowing whether it is true 

 or false is as guilty of wrong as the man who makes a false state- 

 ment knowing it is false." The Couit of Appeals held this portion 

 of the charge was erroneous, as it permitted the jury to find that 

 these false statements were fraudulent although the defendant hon- 

 estly believed them to be true. 



Two hundred and two of the cases reported as terminated were 

 instituted by 38 different State and city agencies, either indepen- 

 dently of or in cooperation with the Bureau of Chemistry. In 191G 

 there were but 35 such cases instituted by but four coHaborating 

 agencies. Tliis very great increase illustrates the growing interest 

 of State and city officials in the Federal act as a supplement to city 

 and State food and drug laws. A rather unusual form of coopera- 

 tion is found in the enactment by the State of California of a law 

 forbidding the sale of arsenic-bearing sulphur for use in the pro- 

 duction of food products. This followed the publication by the 

 bureau of a report upon the arsenic content of sulphur from differ- 

 ent sources. 



To supersede Circular 19, Office of the Secretary, Circular 136, 

 Office of the Secretary, " Standards of Purity for Food Products," 

 was issued. The service and regulatory announcements published 

 during the year contained 25 opinions and 250 notices of judgment. 

 The following food inspection decisions were issued : 



Xo. 177. Soda Water Flavors and Soda, Soda Water. 



No. 178. Milk and Cream. 



No. 179. Amending Regulation 29, Wliich Eelates to Marking the 

 Quantity of Food in Package Form. 



No. ISa.^ Colors in Food. 



Nos. 177 and 178 are based upon the recommendations of the Joint 

 Committee on Definitions and Standards. 



No. 179 changes the exemption of small packages from those con- 

 taining 2 ounces or less to those containing one-half ounce or less. 

 This was done to prevent, in so far as existing legislation will permit, 

 deception through the slack filling of small packages, such as 5 and 

 10 cent packages of spices. To protect the consumer more fully than 

 is possible under existing statutes from fraud through the slack fill- 

 ing of packages, or the use of containers deceptive as to the amount 

 of food in them because of their shape or dress, the department has 

 recommended to Congress an amendment to the Food and Drugs Act. 

 Moreover, independently of or in connection with other charges, con- 

 sideration has been ffiven to ni :)re than 1,000 cases allefin: that the 



