The Washington times., 1911-07-24
V|OLATORS Of PURE
FOOD LAW GET OFF
WITH LIGHT FINES
Manufacturer of Misbranded
Headache Tablets Pays
Only Fifty Dollars.

Persons who violate the pure food and
drugs act cannot set up an allegation
that they are being visited with cruel
and unusual punishments" within the
meaning of the Eighth Amendment to
the Constitution Of the United States.
This, at least, is the impression strong
ly made on one who examines the pen
alties that are being imposed and the
judgments that are being returned by
the courts in pursuance of the pure
food law. On the other hand. there
is much to sustain the impression that
the punishments for violation OF the
pure food law are ridiculously light
In view of the agitation at this time
over the case of DR.. Wiley and the
fact that DIR. Wiley Is apparently being
prosecuted because he insists on strict
enforcement Of the pure food and drugs
act, 1t Is worth while TO examine q
batch of fourteen notices of tuogment
have just been given out by the De-
partment OF Agriculture.
Fourteen Judgment Notices.
In this list, there are fourteen notices
of Judgment. In only four OF these
were fines imposed. In most OF the 9TH
or cases. the adulterated or misbranded
goods were seized and condemned, and
nothing more was done.
Even in the case of the misbranding
Of drugs, the penalties imposed are not
serious. 1t might seem to the average
person that misbranding If headache
tablets was a serious onense; But no.
tice Of judgment 9ss recites tie case of
shipment by one Cyrus w. Nelson, do
ing bushes unders the maine of the
Capitol Pharmacy Of Houston, Of
quantity OF headache tablets, which
were found to be misbranded. 4 fine OF
$50 and costs was imuposed on q plea
OF guilty.
A Michigan company. the Oakland
Vinegar and Pickle Company Of Sagi-
nav, for shipping misbranded and adul-
terated cider vinegar, suffered fine of
The Walkers Tonic Company of Pa
ducah, for shipping into Tennessee a
quantity of Walkers Tonic, labeled in
false and misleading fashion as to Its
curative properties, suffered to the ex-
tent of SIS and costs.
Coffee Misbranded.
Carhart & Bro, a New York concern,
suffered a fine Of SIS for misbranding
coffee
These are the four cases In which
fines were imposed. The otLer cases
involved the following violations of
law:
Adulteration and misbranding Of va
nilla extract.
Adulteration OF tomato pulp.
Adulteration and misbranding OF con-
densed milk.
Adulteration and misbranding of evap-
GRATED apples.
Adulteration and alleged misbranding
of evaporated apples.
AdulteratIon and misbranding Of to-
mato paste.
Adulteratio Of eggs
MIsbranding Of "Figprune Cereal"
Misbranding and alleged adulteration
OF vinegar.
Misbranding OF cheese.
In some of these cases the goods were
ordered destroyed. In others, bond was
required that the goods would not be
disposed Of contrary TO law, and the
goods were then returned.
In case Of a shipment of 100 cases of
eggs, of which over So per cent were un-
At for food, the destruction Of the goods
was ordered. No fine was imposed In
this instance, the notice does not even
state that costs were assessed to the
party guilty OF making the shipment.
The reason given by the Department
of Agriculture officials for such light
penalties is that publicity acts as a de-
terrent and will prevent repetition OF
offenses.