F. & D. No. 1028.
I. S. No. 26333—26333-a.	
Issued October 13 1910,
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 605, FOOD AND DRUGS ACT.
MISBRANDING OF OLITE OIL.
On or about June 15; 1909, Drake Brothers Company, a corpora??
tion, Milwaukee, Wis., shipped from the State of Wisconsin to the?
State of Michigan a quantity of a food product labeled "Superior?
French Virgin Olive Oil, inspected by the United States Government?
Chemist and guaranteed pure. Imported by Drake Brothers Com??
pany, Importers, wholesale and retail druggists, Eastwater & Michi??
gan Streets, Milwaukee, Wisconsin." Samples from this shipment?
were procured and analyzed by the Bureau of Chemistry, United?
States Department of Agriculture. As it appeared from the findings?
of the analyst and report thereon that the product was misbranded?
within the meaning of the Food and Drugs Act of June 30, 1906, the?
Secretary of Agriculture afforded said Drake Brothers Company and?
the party from whom the samples were procured opportunities for?
hearings. As it appeared after hearings held that the said shipment?
was made in violation of the act, the Secretary of Agriculture reported?
the facts to the Attorney-General, with a statement of the evidence?
upon which to base a prosecution.
In due course a criminal information was filed in the District Court?
of the United States for the Eastern District of Wisconsin, against the?
Drake Brothers Company, charging the above shipment, and alleging?
that the product so shipped was misbranded, in that the label above?
set forth bore a statement regarding said article and the substances?
and ingredients contained therein, to wit "inspected by the United?
States Government Chemist," which said statement was false and?
misleading, because said article of food had never been inspected by?
the United States Government chemist, said statement being such as?
to mislead the purchaser into the belief that the article in question?
had been inspected by the chemist of the United States Government?
and found to be pure.
On March 12, 1910, the defendant entered a plea of guilty to the?
above information, and the court imposed a fine of $25.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
W. M. HATS,
Acting Secretary of Agriculture.?
WASHINGTON, D. C, September 10', 1910.
59793??No. 605?10