F.  & D.  No   3162.
S. No   1153       '	
Issued January 11, 1913.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1841.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF SO-CALLED CREAM OF HOPS.
On November 4, 1911, the United States Attorney for the South??
ern District of Iowa, 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 seven barrels of?
so-called cream of hops, remaining unsold in the original unbroken?
packages and in the possession of the Chicago, Rock Island & Pacific?
Railroad Co., at Neola, Iowa, alleging that the product had been?
shipped on or about September 27, 1911, by the Temperance Bever??
age Co., Chicago, 111., and transported from the State of Illinois into?
the State of Iowa, and charging misbranding in violation of the Food?
and Drugs Act. The product was labeled: (On barrels) "10 Doz.?
Small Cream of Hops. Temperance Beverage Company, Neola, la.?
Notify A. R. Currie, Temperance Beverage Co., 173 N. Michigan?
Ave., Chicago, 111." (On bottles) "A nonintoxicating Beer?-Re??
freshing Invigorating Cream of Hops (Picture of grapevine and?
grapes) The Great Health Drink?Sold only and guaranteed by?
Temperance Beverage Company, Distributors, Chicago. Under the?
Food and Drugs Act, June 30, 1906.    Serial No. 16427."
Misbranding was alleged in the libel for the reason that the bar??
rels of the product were misbranded as to the character of their con??
tents by the brands appearing thereon upon their outside, and for?
the reason that none of the bottles contained a nonintoxicating com??
pound, but in truth and in fact contained a compound which was?
intoxicating, and which contained 3.46 per cent of alcohol; that the?
labeling on the bottles as containing a nonintoxicating beverage was?
misleading and false, and such as to mislead and deceive the pur-
65930??No. 1841?13
chaser, and such as to enable the offering of the product for sale as?
being nonintoxicating, when in truth and in fact the same was not?
such as was offered for sale and was an unlawful branding within?
the meaning of the statute aforesaid.
On March 14, 1912, no claimant having appeared for the property,?
judgment of condemnation and forfeiture was entered and it was?
further ordered that the product should be destroyed by the United?
States marshal.
W. M. HATS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 03, 1912.
1841
WASHINGTON : GOVERNMENT PRINTING OFFICE :  1913