F. & D. No. 3630.
S. No. 1338.	
Issued December 17,  1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1815.
(Given pursuant to section 4 of the Food and Drags Act.)
MISBRANDING OF SO-CALLED MARASCHINO CHERRIES.
On April 1, 1912, the United States Attorney for the Eastern?
District of Pennsylvania, acting upon a report by the Secretary of?
Agriculture, filed in the District Court of the United States for said?
district a libel for the seizure and condemnation of 10 cases, each?
containing 12 quart bottles of so-called maraschino cherries, remain??
ing unsold in the original unbroken packages at a certain ware??
house located on Queen Street, between Second and Third Streets,?
Philadelphia, Pa., alleging that the product had been shipped on or?
about March 23, 1912, from the State of New York into the State?
of Pennsylvania, and charging misbranding in violation of the?
Food and Drugs Act. The product was labeled: "Artificial Flavor??
Contains Harmless Color & Preserved with 1/30 of 1? Sulphur?
.Dioxide." Each case contained twelve bottles and each bottle was?
labeled: " White Rose Maraschino Cherries?artificially colored and?
preserved with 1/30 of 1? Sulphur Dioxide?J. Alexander & Co.,?
Distributers, New York, N. Y. Exquisite quality, delicious fruit,?
especially prepared maraschino cherries, Maraschino Cherries."
Misbranding was alleged in the libel for the reason that the?
product was labeled as set forth above, whereby it was represented?
and intended to be represented that the product consisted of mara??
schino cherries and was preserved in maraschino liqueur, whereas?
in truth and in fact it did not consist of maraschino cherries and?
was not preserved in maraschino liqueur but the product consisted?
of cherries of the Biggareau or Royal Anne type, prepared in sugar?
syrup, artificially colored and flavored, the principal flavoring being?
benzaldehyde, and there being no material or noticeable quantity of?
maraschino flavor present in said product.
On June 1, 1912, Liebenthal Bros. & Co., a corporation existing?
under the laws of the State of Ohio, claimant, 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 pro??
ceedings and the execution of a bond in the sum of $200 in conformity?
with section 10 of the Act by said claimant, the product should be?
released and delivered to the claimant.
W. M. HAYS,
Acting Secretary of Agriculture.?
WASHINGTON, D. C, October 14,1912.
64068??No.  1815?12