The amount of alcohol in food need not be stated. However, extracts that are sold and used for medicinal purposes must have the percentage of alcohol stated on the label.1

§ 282. Alfalfa Meal.

A meal the label upon which states it contains 15 percent of protein and 22 percent of fiber is mislabeled where it contains only 11.94 percent of protein and 31.96 percent of fiber.1

§ 283. Apples.

Apples labeled as packed in Michigan and as Michigan apples are mislabeled when they are grown and packed in Arkansas. "It is immaterial," said the court, "whether Michigan fruits are better than those grown in Arkansas. A purchaser of fruits may prefer Michigan fruits. He may believe them to be better than Arkansas fruits. He has the right to call for them, and when he pays or is debited for them he has the right to have Michigan fruits. The purchaser has the right to determine for himself which he will 1 F. I. D. 47. 1 F. I. D. 608.

buy and which he will receive and which he will eat. The vendor can not determine that for the purchaser. He, of course, can make his argument, but they should be fair and honest arguments. Apples labeled as "choice evaporated apples" are mislabeled if they are rotten and moldy in part, have worms, seeds and general apple waste.2

991

§ 284. Apple Butter-Glucose.

Under the label stating that the apple butter contained in the can is "absolutely pure," the use of 6.13 percent of glucose in the butter is an adulteration, and the can is misbranded.1

$285. Beer-Cream Ale.

Beer labeled as manufactured in St. Louis and as "Bohemian" beer when it was manufactured in Brooklyn and is not Bohemian beer, is misbranded. A beer having a greater percentage of alcohol than the label indicates is mislabeled.2 A product was labeled "Temperine Special Brew, the great Temperance Drink," and another "The Great Temperance Beer; Laevison's Original Cream Ale Special Brew." They each contained four percent of alcohol. It was adjudged that they were mislabeled.3

§ 285a. Benzoate of Soda.

If a label, pretending to give the ingredients of a product, fails to state that it contains benzoate of soda, when such is the fact, it is mislabeled.*

An article marked "Bran" is mislabeled if it contains rice hulls.1

§ 287. Brandy.

To label imitation brandy as brandy is a violation of the statute.1

§ 288. Buckwheat.

A flour labeled "Buckwheat Flour" is mislabeled if wheat flour has been mixed with it; so if graham flour be mixed with it; so if corn flour or meal be mixed with it.3

§ 289. Butter.

Butter labeled as made in New Orleans when it was manufactured in Chicago is mislabeled. So is butter labeled as "Elgin," Illinois, when it was not made there. But inasmuch as a statute of 1886 permits butter to be colored, it is not a violation of the Pure Food and Drugs Act if it be colored; and the fact that it is colored need not be stated on the label. To label renovated butter "Gold Seal Warranted Pure, Fine Fresh Butter," is to misbrand it; and the charge of misbranding is not lessened by putting on the sides of the packages "Process Butter," where they are entirely hidden from view.

§ 290. Butterol, Concreta.

A substance called "Concreta Butterol" labeled as follows:

1. "This product has the characteristics of rich creamery butter, both in taste and odor."

2. "Imparts the true butter flavor to your goods."

3. "It is absolutely pure and palatable . . .”

9. "Concreta Butterol tones up the quality of butter that has lost its refinement of taste, making it sweet and wholesome,"

1 N. J. 413 (apricot brandy); N.

J. 414 (peach brandy).

1 N. J. 317; N. J. 129; N. J. 118;

N. J. 60.

2 N. J. 263.

3 N. J. 118; N. J. 60.

1 N. J. 351.

2 N. J. 332; N. J. 67; N. J. 42.

3 24 U. S. Stat. at Large 209.

4 F. I. D. 51.

5 N. J. 713.

6 N. J. 1018.

is mislabeled unless it corresponds with all these representations.1

§ 291. Cane Syrup.

A label which contains the statement that the can on which it is placed contains "Cane Syrup" is false if it contains an appreciable amount of glucose. Where the label was as follows: "This syrup is composed of the following ingredients and none other, Cane Syrup 60 percent, and Maple Syrup 40 percent," whereas it contained little, if any, maple syrup, the label was considered to contain a false statement.2 Syrup was labeled "Alaga Syrup, AlabamaGeorgia Syrup Co., Montgomery, Ala.," together with a pictorial design of a bundle of sugar cane tied with streamer of ribbon bearing the words "Alabama-Georgia," and a scene showing the gathering of sugar cane from a field, together with the following legend: "Alaga-contents of this can is put up direct from the evaporator while hot. Guaranteed to retain its natural sweet flavor indefinitely," while on the sides of the label in small type was the following legend: "Alaga Brand Syrup is a blend of Pure Ribbon Cane Syrup, with just enough corn syrup to keep the same from sugaring or souring. Its merits is what tells." The syrup was composed of cane syrup and 28 percent glucose. It was held that it was misbranded. Upon a can of syrup was the following legend: "Wilder's Uniform Brand Syrup. Canned only by the D. R. Wilder Mfg. Co., Atlanta, Ga.," it being printed in a quadrangular space formed by an arrangement of the words "Georgia Cane," printed in capital letters, which were represented as being interwoven with cane stalks, and on the opposite side of the can appeared the following words, "Best in the World." "The Syrup that made Georgia famous," and on the side of the can in small type together with other descriptive matter, "This package contains eighty-five percent pure Georgia cane and fifteen per

1 N. J. 343.

1 N. J. 324.

2 N. J. 271.

3 N. J. 127.