I. S. Nos. 19578-a and 9103-a.	
Issued May 21, 1910.
F. & D. Nos. 701 and 651.
United States Department of Agriculture,
OFFICE   OF   THE   SECRETARY.
NOTICE OF JUDGMENT NO. 296, FOOD AND DRUGS ACT.
ADULTERATION  AND  MISBRANDING  OF "KOS-KOLA,"
(A SOFT DRINK CONTAINING COCAINE.)
On or about November 18, 1908, and December 5, 1908, the Seth-?
ness Company, of Chicago, 111., shipped from the State of Illinois to?
the District of Columbia and to the State of Michigan consignments?
of a food product known as "Kos-Kola." Samples from these ship??
ments were procured and analyzed by the Bureau of Chemistry,?
United States Department of Agriculture, and as the findings of the?
analysts and reports thereon indicated that the product in the first?
shipment was adulterated and misbranded and the product in the?
second shipment was misbranded within the meaning of the Food and?
Drugs Act, June 30, 1906, the Secretary of Agriculture afforded the?
Sethness Company, and the dealers from whom the samples were?
purchased, opportunities for hearings. As it appeared after hearings?
held that the said shipments were made in violation of the act, the?
Secretary of Agriculture reported the facts to the Attorney General,?
with a statement of the evidence on which to base prosecutions.?
In due course criminal informations were filed in the District Court?
of the United States for the Northern District of Illinois, charging?
the above shipments and alleging that the first consignment was?
adulterated, in that it contained an added poisonous and deleterious?
ingredient, to wit, cocaine; and was misbranded, in that it con??
tained cocaine and failed to bear a statement on the label of the?
quantity or proportion thereof, and was further misbranded, in that?
it was labeled "Kos-Kola Flavor," which statement was false,?
misleading, and deceptive, in that it indicated that a product of the?
kola nut was one of its chief ingredients whereas, in fact, the product?
of the kola nut was not one of the chief ingredients contained in said?
40904?10
article of food; and further alleging that the second shipment was mis-?
branded in that it was labeled "Kos-Kola" and that it contained?
cocaine and failed to bear a statement on the label of the quantity?
or proportion thereof.
On January 10, 1910, the said defendant entered a plea of guilty?
to each information and the court imposed a fine of $10 for each?
offense.
This notice is given pursuant to section 4 of the Food and Drugs?
Act, June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, April 14,1910.
296