NOTICE OF JUDGMENT NO. 2768.
((Siren pursuant to section 4 of the Food and Drugs Act.)
V. S. v. 20 Kegs of Blackberry Cordial.    Decree of condemnation by default.
Goods released on bond.
ADULTERATION AND MISBRANDING OF BLACKBERRY CORDIAL.
On February 2, 1910, the United States Attorney for the District 
of Oregon, 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 20 kegs of so-called blackberry 
cordial remaining unsold in the original unbroken packages and in 
the possession of Eothchild Bros., a corporation, Portland, Oreg., 
alleging that the product had been shipped on or about January 8, 
1910, by E. G. Lyons & was Co., San Francisco, Cal, and trans- 
ported from the State of California into the State of Oregon, and 
charging adulteration and misbranding in violation of the Food and 
Drugs Act. The product was labeled: " Blackberry Flavor Cordial," 
and " Blackberry Cordial contains one-tenth of one per cent Ben- 
zoate of soda, artificially colored, and sweetened with saccharine, 
and glucose."
Adulteration of the product was alleged in the libel for the reason 
that synthetic ethers and prohibited coal-tar dye were wholly or in 
part substituted for blackberry juice or blackberry flavoring and that 
there was mixed therewith said prohibited coal-tar dye in a manner 
whereby the inferiority of the product was concealed, and there 
was added thereto a deleterious ingredient which might and did 
render said liquor injurious to health, to wit, said prohibited coal-tar 
dye. Misbranding was alleged for the reason that the labels, stamps, 
and brands on the product were false and misleading in this: That
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the word " Flavor " therein was so placed as to be difficult of discovery 
to the ordinary person or persons proposing to purchase any of the 
said liquor, and, further, in that said liquor purported to be a 
product manufactured from blackberries or blackberry juice, when, 
in truth and in fact, the same was not manufactured from black- 
berries or blackberry juice, but was a product composed of water, 
alcohol, synthetic ethers, sugar, saccharine, and glucose, and colored 
with a prohibited coal-tar dyer and preserved with benzoate of soda, 
and neither blackberries nor any product of blackberries entered 
into the manufacture thereof.
On May 31, 1910, no claimant having appeared for the property, 
judgment of condemnation and forfeiture was entered. The said 
Rothchild Bros., pursuant to the judgment of condemnation and 
forfeiture, having paid the costs of the proceeding and executed 
a bond in the sum of $500 in conformity with section 10 of the Act, 
it was ordered by the court that the product be released and delivered 
to said claimant.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C., January 5, 1911f..
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