2815.?Misbranding of daxoiana tonic Compound.   17. S. v. S. Hirsch Distilling Co.   Plea of
guilty.   Fine, ?100 and costs.   (F. & D. Nos. 3171 and 3172.   I. S. Nos. 6682-c and 13004-c.)
On July 19, 1912, the United States Attorney for the Western. District of Missouri,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the?
United States for said district an information in two counts against the S. Hirsch Dis??
tilling Co., a corporation doing business under the trade name of Minuet Cordial Co.,?
Kansas City, Mo., alleging shipment by said company, in violation of the Food and?
Drugs Act, on or about December 10, 1909, and December 9, 1910, from the State of?
Missouri into the State of California and the then Territory, now State, of New Mexico,?
respectively, of quantities of so-called damiana tonic compound which was mis-?
branded. The product was labeled: "Damiana Tonic Compound Guaranteed under?
Food & Drugs Act June 30, 1906   Serial No. 5897."
Analysis of samples of the product by the Bureau of Chemistry of this Department?
showed the following results: Sample from first consignment, alcohol (per cent by?
volume), 35.05; sample from second consignment, alcohol (per cent by volume), 35;?
sugars (grams per 100 cc), 9.35; ash, trace; damiana, present. Misbranding of the?
products was alleged in the information for the reason that there was contained in the?
product first shipped, 35.05 per cent of alcohol by volume, and in the second consign??
ment 35 per cent of alcohol by volume, whereas the labels and brands on the bottles?
and each of them did not state the amount of alcohol so contained therein.
On November 14, 1912, the defendant company entered a plea of guilty to the?
information and on June 27, 1913, the court imposed a fine of $100 and costs.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, February S, 1914.