F. & D. Nos 3932, 3933, 3934, 3935, 3936.
S. No. 1378.	
Issued October 26, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1755.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF SO-CALLED PEACH-FLAYORED
COKDIAL.
On May 10, 1912, the United States Attorney for the District of?
Columbia, acting upon a report by the Secretary of Agriculture, filed?
in the Supreme Court of the District of Columbia, holding a district?
court, a libel for the seizure and condemnation of five barrels, more or?
less, of a certain liquid purporting to be peach flavored cordial?
remaining unsold in the original unbroken packages, and in posses??
sion of William Ryan, William Cannon, W. J. Collins, Patrick J.?
Daly, and Daniel Doody, respectively, Washington, D. C., alleging?
that the product had been shipped on or about May 1, 1912, by tha?
J. A. Leary Co., Newark, N. J., and transported from the State of?
New Jersey into the District of Columbia, and charging adulteration?
and misbranding in violation of the Food and Drugs Act. The?
product was labeled: " Peach Flavored Cordial?A Compound Work?
of Highest Perfection in Imitation Prepared with 1/10 of 1??
Sodium Benzoate?The J. A. Leary Co., Newark, N. J."
Adulteration was alleged in the libel for the reason that the product?
consisted of syrup which had been artificially flavored with artificial?
peach flavor, which said syrup so flavored had been substituted in?
whole or in part for peach cordial. Adulteration was alleged for?
the further reason that the product had been mixed and flavored by?
the addition of artificial flavoring matter whereby damage and in??
feriority had been concealed and in order to imitate peach cordial.?
Misbranding was alleged for the reason that the product was labeled?
and branded so as to deceive and mislead the purchaser thereof, in?
that the labels thereon signified and purported that the liquid was a?
peach flavored cordial, when in truth and in fact it was not a peach
58624??No. 1755?12
flavored cordial nor entitled to be so called, but an imitation of said?
cordial, being the solution more fully described above.
On May 17, 1912, the said J. A. Leary Co., claimant, having filed?
their claim and answer, and consented to a decree, judgment of con??
demnation and forfeiture was entered, the court finding that the?
product was misbranded. It was further ordered that upon the?
filing of bond by said claimant in the sum of $100, in conformity?
with section 10 of the Act, the product should be released to the?
claimant.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C.} August IS, 1912.
1755