I. S. No. 8704-b.
F. & D. No. 1241.	
Issued August 8,1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 466, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF "ROCOCOLA."
(SOFT DRINK CONTAINING CAFFEINE AND COCAINE.)
On or about October 15, 1909, the Lehman-Rosenfeld Company, a?
corporation, Cincinnati, Ohio, shipped from the State of Ohio to the?
State of Kentucky a consignment of a food product labeled: "Roco-?
cola." Samples from this shipment were procured and analyzed by?
the Bureau of Chemistry, United States Department of Agriculture,?
and as the findings of the analyst and report thereon indicated that?
the product was adulterated and misbranded within the meaning of?
the Food and Drugs Act of June 30, 1906, the Secretary of Agriculture?
afforded the Lehman-Rosenfeld Company, and the dealer from whom?
the samples were purchased, opportunities for hearings. As it?
appeared after hearings held that said shipment was made in violation?
of the act, the Secretary of Agriculture reported the facts to the?
Attorney-General, with a statement of the evidence upon which to?
base a prosecution.
In due course a criminal information was filed in the District Court?
of the United States for the Southern District of Ohio against the said?
Lehman-Rosenfeld Company, charging the above shipment and?
alleging that the product was adulterated within the meaning of the?
act in that it contained, in addition to the ingredients mentioned on?
its label, certain added deleterious ingredients, to wit, caffeine and?
cocaine, which added ingredients rendered said article of food inju??
rious to health; and further charging the misbranding of the product,?
in that the label thereon failed to bear a statement of the quantity or?
proportion of caffeine and cocaine contained in said article of food.
On May 16, 1910, the defendant entered a plea of guilty and the?
court imposed a fine of $50 and costs of prosecution.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture.?
WASHINGTON, D. C, June 25, 1910.
52099??No. 466?10