NOTICE OF JUDGMENT NO. 2184.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF BEER.
On October 18, 1912, the United States Attorney for the Northern 
District of West Virginia, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for said 
district an information against H. E. Bachman, doing business under 
the name of the Wheeling Specialty Co., Wheeling, W. Va., alleging 
shipment by him, in violation of the Food and Drugs Act, in April, 
1912, from the State of West Virginia into the State of Pennsylvania 
of a quantity of beer which was misbranded. The product was 
labeled: "Atlas Carbonated Soda A Compound of Healthful Cereals 
Great Flesh Builder Nutritious The Wheeling Specialty Company, 
Sole Distributors Wheeling, W. Va.    *    *    *"
Analysis of a sample of the product by the Bureau of Chemistry 
of this Department showed the following results: Alcohol, by vol- 
ume, 3.42 per cent; methyl alcohol, none; shortage bottle No. 1, 20.7 
per cent; shortage bottle No. 2, 15.4 per cent. Misbranding was 
alleged in the information for the reason that the label upon the 
product was calculated to mislead and deceive the purchaser into 
believing that it was carbonated soda, when, in truth and in fact, it 
was not carbonated soda as represented by the label, but was ordi- 
nary beer.
On October 19, 1912, the defendant entered a plea of guilty to the 
information and the court imposed a fine of $15 and costs. Thistase 
was reported for prosecution upon charges of adulteration and mis- 
branding.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, January 7, 1913.
74435°—No. 2184—13
o