NOTICE   OF JUDGMENT  NO.  2146.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF PISTACHIO FLAVOR, ADULTERATION AND MIS- 
BRANDING OF PEPPERMINT FLAVOR, AND MISBRANDING OF 
VIOLET  FLAVOR
On June 29, 1912, the United States Attorney for the Southern 
District of Ohio, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district an 
information against Clarence Mihalovitch and Albert Mihalovitch, 
copartners doing business under the firm name of ' 'American Products 
Co.," Cincinnati, Ohio, alleging shipment by them, in violation of 
the Food and Drugs Act, on December 13, 1911, from the State of 
Ohio into the State of Indiana—
(1) Of a quantity of "Pistachio Flavor" which was misbranded. 
The product was labeled: (On carton) "Zanol. Concentrated N on- 
Alcoholic Pure Food Flavors, Food colors, Pistachio Flavor, American 
Products Co. Originators, 103 E. Pearl St., Cincinnati, O. U. S. A. 
Guaranteed by American Products Co. * * * Serial No. 22115A." 
(On tube) "Zanol. Concentrated Non-Alcoholic Food Flavors. 
Artificial Pistachio Flavor. Price 25 cts. Guaranteed by the 
American Products Co.    Manufacturers, Cincinnati, O. U. S. A."
Analysis of a sample of the product by the Bureau of Chemistry of 
this Department showed the following results: Vanillin, present; 
gums, present; contains also oils resembling bitter almonds and 
neroli and orange. Misbranding of the product was alleged in the 
information for the reason that it was labeled and branded so as to 
deceive and mislead the purchasers thereof in that the label was 
calculated and intended to, and did, create the impression and 
belief in the mind of the purchaser thereof that the product was 
' 'Pistachio Flavor," whereas, in truth and in fact, it was not such, but 
was an imitation of "Pistachio Flavor." And further, the label and 
brand on the product bore a statement regarding it and the ingredients 
and substances contained therein which said statement, to wit, 
"Pistachio Flavor," was false, misleading, and deceptive in that said 
statement purported and represented the product to be "Pistachio
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Flavor," when in truth and in fact it was not such, but was an 
imitation of flavor of pistachio.
(2) Of a quantity of peppermint flavor which was adulterated 
and misbranded. The product was labeled: (On tube) "Zanol. 
Concentrated Non-Alcoholic Food Flavors. Peppermint Flavor, 
Price 25 cts. Guaranteed by the American Products Co. Serial 
No. 22115A. American Products Co., Manufacturers, Cincinnati, 
O. U. S. A.    *    *    *."
Analysis of a sample of the product by the Bureau of Chemistry of 
this Department showed the following results: Oil of peppermint, 
trace; alcohol, none; gums, present. Adulteration of the product 
was alleged in the information for the reason that a certain substance, 
to wit, a highly dilute alcoholic solution, containing practically none 
of the oil of peppermint, was mixed and packed as, for, and with the 
product purporting to be "Peppermint Flavor," so as to reduce, 
lower, and injuriously affect its quality and strength; and further, 
in that a certain other substance, to wit, a highly dilute alcoholic 
solution, containing practically none of the oil of peppermint, was 
substituted wholly for the product. Misbranding was alleged for 
the reason that the product was labeled and branded so as to deceive 
and mislead the purchasers thereof, in that the label and brand was 
calculated and intended to, and did, convey the impression and 
create the belief in the mind of the purchaser thereof that the product 
was "Peppermint Flavor," or extract, which conformed to the 
known and recognized standards of quality and strength established 
therefor; whereas, in truth and in fact it was not such standard and 
genuine peppermint flavor, but was a highly dilute alcoholic solution, 
containing practically none of the oil of peppermint. And further, 
the label and brand on the product bore a statement regarding it and 
the ingredients and substances contained therein, which said state- 
ment, to wit, "Concentrated * * * Peppermint Flavor," was 
false, misleading, and deceptive, in that said statement purported 
and represented the product to be genuine and standard peppermint 
flavor, or extract, which conformed to the known and recognized 
standards of quality and strength established therefor; whereas, 
in truth and in fact it was not such "Peppermint Flavor," but was a 
highly dilute alcoholic solution, containing practically none of the 
oil of peppermint.
(3) Of a quantity of "Violet Flavor" which was misbranded. 
The product was labeled: (On carton) "Zanol Concentrated Non- 
alcoholic Pure Food Flavors, Food Colors, Violet Flavor. American 
Products Co. Originators. 103 E. Pearl St., Cincinnati, O. TJ. S. A. 
Guaranteed by American Products Co. * * * Serial No. 22115A" 
(On tube) "Zanol Concentrated Non-Alcoholic Food Flavors, Arti- 
ficial Violet Flavor.    Price 25 cts.    Guaranteed by the American
2146
Products Co. * * * Serial No. 22115A. American Products 
Co. Manufacturers, Cincinnati, O. U. S. A."
An examination of a sample of the product by the Bureau of 
Chemistry of this Department showed it to have been labeled ' 'Arti- 
ficial Violet Flavor" on the tube and "Violet Flavor" on the carton. 
Misbranding of the product was alleged in the information for the 
reason that it was labeled and branded at set forth above, so as to 
deceive and mislead the purchaser thereof, in that the label was 
calculated and intended to, and did, create the impression and 
belief in the mind of the purchaser that the product was "Violet 
Flavor," whereas, in truth and in fact, it was not so; but was an 
imitation flavor of violet. And further, the label and brand appearing 
on the carton containing the product bore a statement regarding it 
and the ingredients and substances contained therein, which said 
statement, to wit, "Violet Flavor," was false, misleading, and 
deceptive, in that said statement purported and represented the 
product to be "Violet Flavor," when in truth and in fact it was not 
violet flavor, but was an imitation flavor of violet.
On October 1, 1912, the defendants entered a plea of nolo con- 
tendere and the court imposed a fine of $25, with costs of $16.85.
WILLIS L. MOORE, 
, Acting Secretary of Agriculture. 
WASHINGTON, D. C, December 26, 1912.
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