cent pure corn syrup which is added to prevent granulation." An analysis of a sample showed the following result:

This was held to show that the syrup was misbranded within the meaning of the law, because labeled to show that it was Georgia Cane Syrup, whereas it was a mixture of cane syrup and glucose, and the statements in the label, "Georgia Cane," "Best in the World," and "The syrup that made Georgia famous," were false and misleading.*

§ 292. Caramels.

"The Department is in receipt of the following inquiries from manufacturers of confectionery:

‘1. Milk Caramel. This piece contains no milk, but is composed principally of sugar and glucose, and we would like very much to know if milk were added to this formula whether we could still continue to call it "Milk Caramel."

2. Peaches and cream caramel.-This piece is made up principally of sugar and glucose and milk, and flavored with peach flavor. As there are 50 pounds of milk to a batch of 116 pounds, would this be considered as one of the principal ingredients?

'3. Whipped cream caramel.—This piece does not contain any cream or milk, but is made up principally of sugar and glucose. The batch is, however, whipped, and if we should add milk to it, would it be misbranded to continue to call it "Whipped Cream Caramel?"

"Section eight of the Food and Drugs Act of June 30, 1906, provides that any article of food is misbranded (1) if it be an imitation of or offered for sale under the distinctive name of another article; (2) if it be labeled so as to deceive or mislead the purchaser; (3) if the package containing it or

2 N. J. 106.

its label shall bear any statement, design, or device regarding the ingredients or the substance contained therein, which statement, design, or device, shall be false or misleading in any particular."

"These portions of section eight bear directly on the above as concerning the labeling of different types of caramels. Caramel No. 1 would be distinctly a case of misbranding, since it contains no milk.

"In regard to caramel No. 2, it is evident that if milk is used in that product, it is false and misleading to call it 'Cream Caramel.' It is thought that this product would be properly labeled as 'Peach-flavored Caramel' or 'Caramel, Peach Flavor,' if the peach flavor is not produced by the use of an imitation product. If an imitation peach flavor is used, the caramel could be properly branded only as 'Imitation Peach-flavored Caramel' or preferably, 'Caramel, Imitation Peach Flavor.' The question as to whether the 50 pounds of milk used to a batch of 116 pounds forms one of the principal ingredients would have to be determined by the proportion of the ingredient found in the finished article. This question, however, is immaterial in considering the question as to whether the name 'Cream' can be applied to the caramel.

"To caramel No. 3 the above statements apply equally well. Since it does not contain any cream, the label 'Whipped Cream Caramel' would be false and misleading. Even if milk were added to the batch and the whole were whipped, the product would not be entitled to bear the label 'Whipped Cream Caramel'.""

§ 293. Cereal.

A cereal food was labeled as follows: "Nivara Cereal food. Nivara is made from rice, wheat and barley malt, no sweetening or shortening. A wonderful property of Nivara is that it helps to digest other foods. It is a rich, concentrated food." An analysis of it showed the following results:

1 F. I. D. 81.

It was evident that the article was not a rich, concentrated food, and had not the property of assisting in the digestion of other foods, and was therefore misbranded within the meaning of section eight of the Act, because the statements on the label that "Nivara is a rich, concentrated food" and "a wonderful property of Nivara is that it helps to digest other foods" were false, misleading and deceptive.1

§ 294. Cerecut.

A product was labeled as follows:

"For drawback, minimum fat eight percent, minimum protein fifteen percent, maximum crude fiber fifteen and five-tenths percent. Average water eight percent, starch, sugar, etc., forty-nine percent. Sterilized cerecut, one hundred pounds net. Ground from the whole grain, wheat, oats, buckwheat and flax screenings. The Millers' Products Co., Chicago, Ill., U. S. A. Made in Minneapolis, Minn. Guaranteed under the Food and Drugs Act, June 30, 1906, 17115."

The product contained no oats or buckwheat. It was held that it was mislabeled.1

§ 295. Cheese.

Cheese labeled "Fromage de Brie, Trademark Circle X Brand" is mislabeled if a domestic cheese.1 Cheese labeled

1 N. J. 96; N. J. 105. "Figprune Cereal" has been condemned. N. J. 975.

It may now be well doubted if these decisions are sound, since the decision of the United States Supreme Court holding that the statute does not apply to instances of

statements placed on medicines
concerning their curative proper-
ties. United States v. Johnson,
U. S. -
31 Sup. Ct. 627,
See § 405.

L. Ed. -.

1 N. J. 298.
1 N. J. 431.

"English Dairy Cheese" is mislabeled if a domestic cheese.2 Cheese labeled "Neufchatel Style Cheese" is mislabeled if made of skimmed milk; and it is also mislabeled if the word "Style," is in so small and inconspicuous type as to deceive and mislead the purchaser into believing it to be a foreign product of a well-known superior quality. A cottage cheese can not be labeled "Neufchatel cheese. The use of the words "Neufchatel Cheese" on cheese shows it to be a foreign cheese. So the use of the word "Roquefort" on cheese implies that it was made in Roquefort, France. Cheese labeled "Cream Cheese" which is made from skimmed milk is mislabeled. Cheese by statute may be colored, and it is not a violation of the Pure Food and Drugs Act to do so." A domestic cheese labeled "Leider Tafel Specialitaet. Dieser dessert Kase ist mit der groessten Sorgfalt angefertigt," is misbranded.10

To label a syrup to be used as the basis for a drink as "Red Tame Cherry" is to hold out to the public that the syrup is prepared from cherries; but if it contains only a "trace" of fruit, and is colored with coal tar dye, it is mislabeled. To label a product "Maraschino Cherries" when it contains no Maraschino is a violation of the statute.2

§ 297. Chicken Feed.

A sack of chicken feed which contains only 2.56 percent fat and 18.7 percent crude fiber is mislabeled under the following label: "Guar. Analysis Protein (6.25 times nitrogen) 12 percent, Fat 3.5 percent, Fiber 12 percent.""

§ 297a. Chocolate Cremolin.

A product purporting to be "Chocolate Cremolin," containing "powdered cocoa and a little harmless coloring" is misbranded if it contains 5.96 percent of ferric oxide and twelve parts of arsenic per million.2

§ 298. Cider.

A liquid labeled "Red Refined Cider," which contains saccharine, benzoic acid, dye and water, is mislabeled. A liquid can not be labeled "Apple Cider" where the analysis of it shows the following result:

A liquid labeled "Apple Cider" is mislabeled if it contains even one-tenth of one percent of benzoate of soda."

§ 298a. Cloves.

A product labeled "Pure Powd. Cloves" is misbranded if it contains allspice tissue and a small amount of exhausted cloves.1

§ 299. Coca Cream and Pepsette.

A product was labeled "Great American Coca Cream. A carbonated beverage artificially colored and flavored." Another was labeled "Great American Pepsette. A pepsin and fruit drink for indigestion, heartburn, etc. A carbonated

2 N. J. 989.

3 N. J. 6.

1 N. J. 615.

2 N. J. 1.

1 N. J. 888.