No. 4.] REPORT OF DAIRY BUREAU. 383 



margarine. We do not defend coloring butter, — we wish 

 such a custom did not prevail. But the practice deceives no 

 one ; a man who buys fresh creamery l^utter in December 

 can hardly expect that he is buying June butter, — an in- 

 ferior article. Butter is not colored to imitate another and 

 more desirable article. But, even if we admit (which we do 

 notj that these claims of the oleomargarine advocates are 

 true as abstract statements of fact, what do they gain? 

 When the law has its hands on pickpocket O, shall he be 

 released and go scot free because he says C is also a pick- 

 pocket ? 



Dr. E. N. Eaton, the official analyst for the State of 

 Illinois, in a recent article lays down this principle as gov- 

 erning the use of coloring matter in food products : " Harm- 

 less artificial coloring matter may be used for the sake of 

 variety or uniformity, or in deference to the demand of 

 customers, in goods where such coloring is not used to 

 conceal inferiority, indicate strength or to imitate a higher- 

 priced article." This dictum would allow the coloring of 

 butter but not of oleomargarine, the coloring of which is 

 "to imitate a higher-priced article." 



The principle of the Massachusetts anti-color law has been 

 several times reaffirmed in trade-mark cases. The latest was 

 in a beer case, in which the defendant was enjoined from 

 selling any beer under plaintiff's name and inscription, and 

 also from selling " any colorable imitation thereof."* 



Last year we called attention to the use of imitation rather 

 than genuine butter in public institutions. Since then we 

 have seen the report of one of these institutions in which we 

 know this article is used. But the financial statement shows 

 the purchase of only butter, and in the menus we find " bread 

 and butter" several times, but nowhere "bread and oleo- 

 margarine." If the latter is so wholesome, has such food 

 value, has so many virtues, why would not a bill of fare be 

 rendered more attractive by the line ' ' bread and oleo- 

 margarine ? " 



• Van Nostrand v. McGee. 



