2791.?Adulteration and misbranding of extract of peppermint.   U. S. v. Victor Gautier & Co.
Plea of guilty.   Fine, S15.   (F. & D. No. 2331.   I. S. No. 3049-c.)
On July 31,1913, the United States Attorney for the Southern District of New York,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the?
United States for said district an information against Victor Gautier & Co., a?
corporation, New York, N. Y., alleging the sale by said defendant, on September 8,?
1910, for shipment in interstate commerce, of a quantity of so-called extract of pepper??
mint which was adulterated and misbranded within the meaning of the Food and?
Drugs Act. It was also alleged that the purchaser of the product, on September 8,?
1910, shipped the product as aforesaid from the State of New York, through the State?
of New Jersey, into the State of New York. The product was labeled: ' 'Peppermint.?
Fine Old Extract Peppermint. Henry Franklin & Co. These goods are guaranteed?
pure and are distilled under the most modern and improved methods."
Analysis of a sample of the product by the Bureau of Chemistry of this Department?
showed the following results: Oil of peppermint, 0.50 per cent; color, artificial, Naph-?
thol Yellow S; ethyl alcohol, 39.30 per cent. Adulteration of the product was alleged?
in the information for the reason that a substance other than extract of peppermint, to?
wit, a solution of alcohol and water, was substituted in part for the article and in that?
a certain substance other than extract of peppermint, to wit, a dilute solution of alcohol?
and water, had been mixed and packed with the article in such a manner as to reduce,?
lower, and injuriously affect its quality and strength. Misbranding of the product was?
alleged for the reason that the label set forth above, regarding the article and the sub??
stances and ingredients contained therein, was false and misleading and the product?
was labeled so as to deceive and mislead the purchaser in that said label would indicate?
that the product was a true extract of peppermint, whereas, in truth and in fact, it?
was not a true extract of peppermint but was a mixture of extract of peppermint and?
alcohol and water, colored with Naphthol Yellow.
On October 22,1913, the defendant company entered a plea of guilty to the informa??
tion and the court imposed a fine of $15.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, February 10, 1914-