3066.?Adulteration of confectionery.   U. S. v. 37 Packages of Confectionery.   Default decree
of condemnation, forfeiture, and destruction.   (F. & D. No. 5133.   S. No. 1758.)
On April 11, 1913, 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 37 packages?
of confectionery remaining unsold in the original unbroken packages and in possession?
of The Alfred Vogeler Drug Co., Cincinnati, Ohio, alleging that the product had been?
shipped from the State of Maryland into the State of Ohio, and charging adulteration?
in violation of the Food and Drugs Act. Eighteen of the packages were labeled:?
"Compressed lozenges peppermint * * * Guaranty No. 80 Sharpe & Dohme,?
Baltimore." Nineteen of the packages were labeled: "Compressed lozenges win-?
tergreen   *   *   *   Guaranty No. 80    Sharp & Dohme, Baltimore."
Adulteration of the product was alleged in the libel for the reason that it contained?
talc, that is to say, the confectionery in the packages labeled "peppermint" con??
tained 8.63 per cent of talc, and the confectionery in said packages labeled "winter-?
green
" contained 8.33 per cent of talc.
On May 15, 1913, no claimant having appeared for the property, it was ordered by?
the court that the libel be taken pro confesso and that the case might be presented for?
final judgment at any time subsequent to 30 days from entry thereof. On June 26,?
1913, 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-