F. & D. No. 3465.
S. No. 1285.	
Issued November 30, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1789.
(Siren pursuant to section * of the Food aai Drags Let.)
MISBRANDING OF SYRUP.
On February 27, 1912, the United States Attorney for the Western?
District of Kentucky, acting upon a report by the Secretary of Agri??
culture, filed in the District Court of the United States for said dis??
trict a libel for the seizure and condemnation of 50 cases, each con??
taining 2 dozen No. 2^ size cans, 15 cases each containing 1 dozen?
No. 5 size cans, and 25 cases each containing 6 No. 10 size cans, of?
syrup, remaining unsold in the original unbroken packages and in?
possession of P. Winkler's Sons (Inc.), Louisville^ Ky., alleging that?
the product had been shipped on January 18, 1912, by the Union?
Starch & Refining Co., Edinburgh, Ind., and transported from said?
State of Indiana into the State of Kentucky, and charging misbrand??
ing in violation of the Food tand Drugs Act. The product was?
labeled "Compound: 90? Corn Syrup: 10? Refiners' Syrup Rock?
Candy, Brand, Corn Syrup, Cane Flavor Packed for P. Winkler's?
Sons, Inc., Louisville, Ky. Guaranteed by Union Starch & Refining?
Co., Edinburgh, Ind., under the Food and Drugs Act, June 30, 1906,?
Serial No. 5854."
Misbranding was alleged in the libel for the reason that the product?
bore a label and statement regarding it and the ingredients and sub??
stances contained therein which said statement was false and mislead??
ing, the product being labeled as set forth above and the words?
" Rock Candy " and " Corn syrup " on the label formed the principal?
label of the product and the words " Rock Candy " were printed in?
large black block capital letters more than five-sixteenths of an inch?
in height, and the words " Corn Syrup " were printed in large black?
type with capital letters beginning each word half an inch in height?
and the lower case letters nearly three-eighths of an inch in height,
62838??No. 1789?12
and the words " Brand " and " Cane Flavor " were printed in incon-?
spicious small capitals not legible to ordinary eyesight beyond 6 feet,?
and the words "90? Corn Syrup"; "10? Refiners' Syrup" were?
printed in small type or lower case letters being less than one-six??
teenth of an inch in height, and the capitals less than one-eighth of?
an inch in height and not legible to the ordinary eyesight at as?
great a distance as 6 feet, and the words " Brand" and " Cane?
Flavor " and " 90? Corn Syrup " " 10? Refiners' Syrup " were so?
printed as not to be readily observed or seen by a person examining?
the cans, and the words " Rock Candy" and " Corn Syrup " were?
printed and displayed in such a manner as to convey to purchasers?
thereof the impression that the product consisted of a mixture of rock?
candy and corn syrup. Misbranding was alleged for the further rea??
son that in fact and in truth the product was not a mixture of nock?
candy and corn syrup and did not contain any rock candy, but con??
sisted almost entirely of glucose.
On March 22, 1912, the said Union Starch & Refining Co., claim??
ant, having consented to a decree, judgment of condemnation and?
forfeiture was entered and it was further ordered that upon payment?
of the costs of the proceedings and the execution of a bond in con??
formity with section 10 of the Act by said claimant, the product?
should be released and delivered to the claimant.
W. M. HATS,
Acting Secretary of Agriculture.?
WASHINGTON, D..C, October 0,1912.
1789