§ 350. Meal.

To label a meal as follows: "Old Log Cabin Meal. Fresh Ground Meal. Best Water Ground Style," is to represent it was ground by the water process or in buhr mills and not by steam roller process and if it was ground by steam roller process, then it is mislabeled.1

§ 351. Milk.

To put milk in bottles and brand or label such bottles with the word "Milk" is to represent that the product is unadulterated milk, though not of any particular quality. It may be milk containing a low grade of milk fat, and yet be pure milk, just as it came from the animal. If the milk is sold in a community where only cow's milk is used, then the representation would be that it was cow's milk. So where a product was labeled "Pure Vacuum Dried Milk Flour, containing 5 percent Butter Fat," and it was manufactured from a closely skimmed milk and contained only between 1 percent and 2 percent butter fat, it was held that it was mislabeled.1

§ 352. Mince Meat.

A substance labeled "Gilt-edge Brand Wet Mince Meat" is mislabeled if it contains commercial glucose in place of sugar.1

§ 353. Molasses-Glucose.

A product was labeled "Re-boiled Open Kettle Molasses." An analysis showed that it contained 49.82 percent of glu

1 N. J. 44.

1 N. J. 211; N. J. 273. See also N. J. 979.

If a would-be purchaser asks for "milk" he has a right to expect he will receive unadulterated milk, although he has not used that

word, nor asked for "pure milk," or in any other way qualified his request. Kench v. O'Sullivan, 10 N. S. W. L. R. 605, 27 W. N. (N. S. W.) 137.

1 N. J. 639.

cose. It was held that it was mislabeled.1 So where the product was 27.8 percent glucose. But where some cases of a product were branded "Sugar Glen Open Kettle Sugar House Molasses absolutely pure. Highest grade sugar house molasses," and in inconspicuous type across the face of the label in some cases and across the back in others "Compound molasses and corn syrup;" and other cases of the same product was branded "Burro Sugar House Ribbon Cane Molasses," and inconspicously printed over the face of the label in some cases and across the back in others, "Compound Molasses and Corn Syrup;" and the product called "Sugar Glen" contained 30 percent and the "Burro Sugar" 40 percent of commercial glucose, and the compound contained no substance deleterious or injurious to the health of persons using it, and under the practice of the Department of Agriculture commercial glucose, if properly labeled, could be sold under the name of "corn syrup," the court held that the product was properly labeled.3

"It appears from an investigation conducted by the Board of Food and Drug Inspection that there is a wide variety of opinions with respect to the meaning of the term 'New Orleans molasses.' The evidence at hand shows that 'New Orleans' molasses is generally understood to be a product of Louisiana. It is apparent that the original significance of the term 'New Orleans' molasses as applied to open-kettle drippings or 'bleedings' has disappeared.

"The Food and Drugs Act requires a label to be free from any statement which is false or misleading in any particular. In view of the general understanding of the term 'New Orleans' molasses the board is of the opinion that the term 'New Orleans' should be restricted to molasses produced in Louisiana. In addition, all molasses so labeled may bear the further statement of its quality or grade, namely, 'open kettle,' 'first centrifugal,' 'second centrifugal,'

strap'," etc.*

1 N. J. 2.

2 N. J. 24.

3 N. J. 270.

4 F. I. D. 134.

'black

§ 354. Oats.

A substance branded "White Oats" is misbranded if it contains wheat, barley, or other seeds.1

§ 354a. Olives.

A product labeled "olives" when the olives are wormy and decayed and contain considerable worms has been condemned as mislabeled.1

§ 355. Olive Oil.

A substance labeled "Olive Oil" is mislabeled if it contains cotton seed oil.1 A label was as follows: "La Sicilia -Extra Compound Cotton Seed Oil-Olive Oil." The can contained nothing but olive oil, but the bottle was held to be mislabeled.2 Oil can not be labeled "Olio Puro d'Oliva Garantito" when it contains 60 percent of cotton seed oil, for the label contains a statement that it is pure olive oil.3

§ 356. Orangeade Powder.

A product labeled "Orangeade Powder" implies that it is produced from oranges; and if it is not so produced it is falsely labeled.1

§ 357. Peach Butter.

A product labeled "Peach Butter, made with choice. peaches, granulated sugar, apple juice, phosphoric acid. Preserved with one-tenth of one percent of benzoate of sodium,"

is mislabeled if it contain glucose and a greater amount of benzoate of sodium than that indicated.1

§ 358. Pepper.

A substance labeled "Pepper" is mislabeled if it contains olive pits or almond shells; so if it contains cracker crumbs, ground nutshells and fruit pits; or wheat meal, seed coats and cocoanut shells; or pepper shells and dirt; or a large percentage of leguminous starch; or sand and ash when labeled "pure pepper;"" or a corn product."

§ 359. Phosphate, Calcium Acid.

Where a product was labeled "C. A. P.," which meant "Calcium Acid Phosphate," but it contained no poisonous or deleterious ingredients; and these initials had been adopted as a trademark; and it appeared that the compound, which was compounded of calcium acid phosphate and corn starch, the mixture containing about thirty-three and one-third percent of the latter, was formerly called "Cream Acid Phosphate," it was held that the article was not mislabeled.1

§ 360. Pork and Beans.

Pork and beans are food products and come within the provisions of the Food and Drugs Act.1

§ 361. Preserves-Glucose-Phosphoric Acid.

Preserves labeled as containing 43 percent of glucose when they contain 64 percent are misbranded; and a failure to note on the label 0.16 percent of phosphoric acid is also a misbranding.1 Labeling a can as "blackberry preserves"

that is filled with "logan preserves" is a misbranding of the can. To label preserves as containing 25 percent of glucose when they contain 51.31 percent of that article, is to mislabel them.3

§ 362. Raisins.

To label raisins as "Choice California Raisins" when they are not choice raisins, but are composed in part of a filthy and decomposed vegetable substance, is to violate the statute.1

§ 363. Rice.

Rice labeled "Mikado No. 1 Fancy Japan Rice" is misbranded if it was not raised in Japan.1 Rice meal was labeled as follows: "Carolina Rice Meal. Protein 11.15, fat 9.25, crude fiber 7.50." An analysis showed it contained only 9.72 protein, 7.69 fat, and crude fiber 9.98. It was held to be mislabeled.2

"Inquiries have been received as to what is the proper branding under the Food and Drugs Act of certain varieties of rice which have come to be known under geographic names. It is well known among the trade that there are current in commerce in the United States varieties of rice grown in Japan and varieties of rice grown within the United States from seed originating in Japan, which are marked and sold as 'Japan Rice' irrespective of origin, and that a variety of rice grown in Mexico is imported as 'Honduras Rice.' The names Japan Rice' and 'Honduras Rice,' used without qualification, in the opinion of the board, clearly convey the impression to consumers that the rices are grown in Japan and Honduras, respectively, and if applied to rices not there grown, constitute misbranding within the meaning of section 8 of the Food and Drugs Act, which provides—

2 N. J. 701; N. J. 509.

3 N. J. 551; N. J. 552; N. J. 553; N. J. 554; N. J. 581; N. J.

1 N. J. 316.

1 N. J. 190.

2 N. J. 579.