4541.   Adulteration,    and    misbranding?    of    fcrandy    and    misbranding    of?
" Fernet   Milano."      V.   S.   v.   Ferdinand   Giaehinip   (Piemont   Wine?
Cellars).    Plea   of guilty.     Fine,  $15.     (F.  &  D.  No.   6755.    I.  S.  Nos.?
. 7371-h, 7373-h.)
On November 3, 1915, 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?
Ferdinand Giachino, trading as Piemont Wine Cellars, New York, N. Y.,?
alleging shipment by said company, in violation of the Food and Drugs Act, on?
December 15, 1913, from the State of New York into the State of Michigan, of?
a quantity of cognac brandy, which was adulterated and misbranded, and of a?
quantity of "Fernet Milano," which was misbranded. The cognac was labeled:?
(On bottle) (Coat of arms?4 medals.) "Gordie Freres Brand Cognac Brandy.?
Special notice. To prevent imitations, we refer to our Trade-Mark. We shall?
also, after this date, wire and seal all our bottles for the U. S." (On neck?
label)    Three stars.
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed the following results, expressed as parts per 100,000 of 100??
proof alcohol, except as otherwise stated:?
Specific gravity at 15? C?
      0.9485
Alcohol  (per cent by volume)?
    42.97
Methyl alcohol?_:?
     None
Solids?
 299. 2
Acids, as acetic?
-?    14.8
Esters, as acetic?
.   8. 6
Fusel oil?
     8. 7
Color i-nsoluble in aruyl alcohol (percent)?
:?60.0
Paraldehyde test for caramel: Positive.?
The product consists largely of neutral spirits.
Adulteration of the article was alleged in the information for the reason?
that an imitation brandy had been substituted, in whole or in part, for cognac?
brandy, which the article purported to be.
Misbranding was alleged for the reason that the following statements ap??
pearing on the principal label aforesaid, to wit, "Gordie Freres Brand Cognac?
Brandy," and " We shall also, after this date, wire and seal our bottles for?
the U. S.," and the representation of three stars on the neck label aforesaid,?
were false and misleading in that they indicated *to purchasers thereof, and?
were such as to deceive and mislead purchasers thereof into the belief, that the?
article was genuine cognac brandy, and was produced in the Cognac district,?
Republic of France, when, in truth and in fact, it was not genuine brandy, and?
was not produced in the Cognac district, Republic of France, but was, to wit,?
imitation brandy, and was produced in the United States of America.
Misbranding was alleged for the further reason that the article was an?
imitation brandy and was offered for sale under the distinctive name of an??
other article, to wit, cognac brandy.
The "Fernet Milano" was labeled: (On cap) Design of crown. (On?
sticker) "Fernet Milano" (Main label) "Fernet Milano Liquore Vermifugo?
e Febrifugo II solo che ne possiede il vero e genuine processo, riconosciuto?
ed approvato da vari professori. E' 1'unico fernet che per essere preparato?
in mode tutto speciale, oltre all' avere tutte le qualita indiscutibilmente rico-?
nosciute in tal genere di liquore, ha il pregio di prevenire e di far cessare i?
disturbi causati clal viaggia in mare. Nassuno manchi quindi di considerarlo?
come indispensabile per una buona traversata.     Si prende a qualsiasi tempo
58	
BUREAU  OF  CHEMISTRY.	
[Supplemental.
nella quantita di un bicchierino a liquore puro, oppure misto a qualsiasi liquore?
o bibita. In mare va preso ton appena si manifastino i primi sintomi del?
vomito. A scanso di contraffazioni ogni ethichetta portera la firma. Fer??
net Milano e la capsula sara' assicurata nel collo della bottiglia con altra?
etichetta portante la stessa firma 'Fernet type Milano'." (Design of crossed?
flags).    (On shipping package) "Fernet Milano.    Fragile."
Analysis of a sample of this article by said Bureau of Chemistry showed?
the following results:
Specific gravity at 20? C?
    0. 9538
Solids at 100? G. (grams per 100 cc)?
    1. 59
Ash  (grams per 100 cc)?
.,?:?    0.09
Alcohol  (per cent by volume)?
:?37.80
Emodin: Present.?
Alkaloids: None.
Total acids (cc N/10 alkali per 100 cc)?
    8.4
Phosphoric acid, as P3O5: Trace.
A hydroaicoholic solution containing laxative plant drugs.
Misbranding of the article was alleged in the information for the reason?
that the following, statement appearing on the label aforesaid, to wit, " Fernet?
Milano," and the design of a crown embossed on the cap with which the bottle?
was sealed, were false and misleading, in that they indicated to purchasers?
thereof that the article was manufactured in the City of Milan, Kingdom of?
Italy, when, in truth and in fact, the said article was not manufactured in the?
City of Milan, Kingdom of Italy, but was manufactured in the United States?
of America, to wit, the City of New York, State of New York.
On November 9, 1915, the defendant entered a plea of guilty to the informa??
tion, and the court imposed a fine of $15.
CARL VKOOMAN, Acting Secretary of Agriculture.
N. J. 4501-4550.] SERVICE  AND REGULATORY ANNOUNCEMENTS.	59