10906.?Adulteration and misbranding of lemon pie filling.    U. S. v. Burton
D. Smith and John B. Hecox (Consumers Supply Co.). Pleas of?
guilty. Fine, $175. (F. & D. No. 15560. I. S. Nos. 7-t, &-t, 9-t, 306&-t??
11528-t, 11531-t.)
On January 22, 1922, the United States attorney for the Western District of?
Michigan, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district an information against?
Burton D. Smith and John B. Hecox, copartners, trading as Consumers Supply?
Co., Portland, Mich., alleging shipment by said defendants, in violation of the?
Food and Drugs Act, as amended, from the State of Michigan, on or about April?
3 and June 7, 1920, respectively, into the State of Indiana, on or about July 29,?
1920, into the State of Ohio, and on or about October 9 and December 16, 1920,?
respectively, into the State of Illinois, of quantities of lemon pie filling which?
was adulterated and misbranded. The article was labeled in part: " Consumers?
Lemon Pie Filling * * * Manufactured, Sold and Guaranteed by Con??
sumers Supply Company, Portland, Michigan, U. S. A."
Analyses of samples of the article by the Bureau of Chemistry of this de??
partment showed that it was a powdered mixture of cornstarch, sugar, and?
citric and tartaric acids, colored with tartrazine and flavored with lemon oil.?
A portion of the said article was found to be short weight.
Adulteration of the article was alleged in the information for the reason that?
a mixture consisting of cornstarch, sugar, and citric acid, flavored with lemon?
oil, artificially colored, and which contained no egg or lemon juice, had been?
mixed and packed therewith so as to lower and reduce and injuriously affect its?
quality and strength and had been substituted in large part for lemon pie filling?
which the said article purported to be. Adulteration was alleged for the?
further reason that it was an article inferior to lemon pie filling, to wit, a?
mixture composed in large part of cornstarch, sugar, and citric acid, flavored?
with lemon oil, and which contained no egg or lemon juice, prepared in imita??
tion of lemon pie filling, and was colored with a certain coal-tar dye, to wit, tar??
trazine, so as to simulate the appearance of lemon pie filling, and in a manner?
whereby its inferiority to lemon pie filling was concealed.
Misbranding was alleged in substance for the reason that the statements, to?
wit, " Lemon Pie Filling Contains the same ingredients used * * * in?
making lemon pies * * *," "* * * not necessary to use eggs * * *?
all necessary ingredients have been added * * *," "Guaranteed to con??
form to National * * * Food Laws," borne on the labels attached to the?
cans containing the article, and the statement, to wit, " Net Contents 8 Ounces,"?
borne on the labels attached to a portion of said cans, regarding the said article?
and the ingredients and substances contained therein, were false and mislead??
ing in that the said statements represented that the article was lemon pie?
filling which contained the same ingredients used in making lemon pies, that it?
contained all the necessary ingredients, including egg, for making lemon pies,?
that it conformed to the requirements of the Food and Drugs Act of June 30,
504	
BUREAU  OF  CHEMISTRY.	
[ Supplement 149r
1906, and that a portion of the said cans contained 8 ounces net of the article,?
and for the further reason that it was.labeled as aforesaid so as to deceive and?
mislead the purchaser into the belief that it was lemon pie filling which con??
tained the same ingredients used in making lemon pies, that it contained all the?
necessary ingredients, including egg, for making lemon pies, that it conformed to?
the requirements of the Food and Drugs Act of June 30,1906, and that a portion?
of the said cans contained 8 ounces net of the said article, whereas, in truth?
and in fact, it was not lemon pie filling which contained the same ingredients?
as those used in making lemon pies and containing all the necessary ingredients,?
including egg, for making lemon pies, but was a mixture, artificially colored,?
largely composed of cornstarch, sugar, and citric acid, flavored with lemon?
oil, and which contained no egg, and which had no value as lemon pie filling?
for making lemon pies, it did not conform to the requirements of the said Food?
and Drugs Act, and a portion of ihe said cans did not contain 8 ounces net of?
the article, but did contain a less amount. Misbranding was alleged with?
respect to a portion of the said article for the further reason that it was food in?
package form, and the quantity of the contents was not plainly and conspic??
uously marked on the outside of the package.
On June 21, 1922, the defendants entered pleas of guilty to the information,,?
and the court imposed a fine of $175.
C. W. PUGSLEY, Acti/ng Secretary of Agriculture.