7016. Adulteration and misbranding of banana liqueur. TJ. S. * * * v. 
Fialla & Eppler, Inc., a corporation. Plea of guilty. Fine, $250. 
(F. & D. No. 9307.    I. S. No. 2006-p.)
On December 13, 1918, 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 
Fialla & Eppler, Inc., a corporation, New York, N. Y., alleging shipment by 
said company, in violation of the Food and Drugs Act, as amended, on January 
22,1918, from the State of New York into the State of Connecticut, of a quantity 
of an article, labeled in part " Triangle Brand Bananowa Style Banana 
Liqueur, Produced exclusively by Fialla & Eppler, Inc., New York," which was 
adulterated and misbranded.
Examination of a sample of the article by the Bureau of Chemistry of this 
department showed it to be a cordial artificially flavored and artificially colored, 
and that the average contents of 2 bottles was 1 pint, 7.88 fluid ounces.
Adulteration of the article was alleged in the information for the reason that 
an imitation banana cordial had been substituted in whole or in part for 
banana liquor, which the article purported to be.
Misbranding of the article was alleged for the reason that the statements, 
to wit, " Banana Liqueur," " Contents 1/5 Gallon," and " Contents One Quart," 
borne on the labels attached to the bottles containing the article, regarding it 
and the ingredients and substances contained therein, were false and misleading 
in that they represented that the article w.as banana liquor, and that the 
bottles each contained 1/5 gallon and 1 quart of the "article, and for the 
further reason that it v/as labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that the article was banana liquor, and that each 
of the bottles contained 1/5 gallon and 1 quart of the article, whereas, in 
truth and in fact, it was not banana liquor, but was an imitation banana 
cordial, and said bottles each did not contain either 1 quart or 1/5 gallon 
of the article, but contained a less amount. Misbranding of the article was 
alleged for the further reason that it was food in package form, and the quantity 
of the contents was not plainly and conspicuously marked on the outside of 
the package.
On December 18, 1918, the defendant company entered a plea of guilty to 
the information, and the court imposed a fine of $250.
E. D. BALL, 
Acting Secretary of Agriculture.