3063. Adulteration of confectionery.   U. S. v. 270 Packages of Confectionery.  Consent decree?
of condemnation and  forfeiture.   Product ordered destroyed.   (F. & -D. No.  5128.
S. No. 1755.)
On April 7, 1912, the United States attorney for .the Southern District of Ohio,?
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 270 packages?
of confectionery, remaining unsold in the original unbroken packages and in possession?
of John Wyeth & Bro., Cincinnati, Ohio, alleging that the product had been?
shipped from the State of Pennsylvania into the State of Ohio, and charging adulter??
ation in violation of the Food and Drugs Act. One hundred and ten of the packages?
were labeled: "Compiessed Flavored Lozenges?Mint * * * John Wyeth &?
Brother, Incorporated, Manufacturing Chemists, Philadelphia." Five of these?
packages were tin cans containing 50 pounds; 5 others were tin cans containing 25?
pounds; 10 others were tin cans each containing 10 pounds; 20 others were tin cans?
each containing 5 pounds; 20 others were glass jars each containing 5 pounds; and 50?
others were bottles each containing 1 pound of the product. Seventy-five of the?
packages were labeled: "Compressed Flavored Lozenges Wintergreen?Guaranteed?
by us to comply with The Food and Drugs Act, June 30, 1906. Serial No. 9. John?
Wyeth & Brother, Incorporated, Manufacturing Chemists, Philadelphia." Ten of?
these packages were tin cans, each containing 10 pounds; 20 were tin cans, each con??
taining 5 pounds; 20 were glass jars, each containing 5 pounds; and 25 were bottles,?
each containing 1 pound of this product. Eighty-five of the packages were labeled:?
'' Peppermint?Singer?5^.''
Adulteration of the product was alleged in the libel for the reason that the con??
fectionery contained talc, that is to say, the confectionery in the packages labeled
284	
BUREAU  OF  CHEMISTRY.	
[April, 1914.
"Compressed Flavored Lozenges?Mint * * *," and the confectionery in said?
packages labeled "Peppermint?Singer?-50," all contained 4 per cent of talc, and?
the confectionery in the packages labeled "Compressed Flavored Lozenges Winter-?
green   *   *   *" contained 4.28 per cent of talc.
On November 13, 1913, John Wyeth & Bro. (Inc.), claimant, having consented?
to a decree, judgment of condemnation and forfeiture was entered, and it was ordered?
by the court that the product should be destroyed by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 6, 1914-