The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1914-06-04
Legend Guaranteed Under
the Pure Food Laws" to be
Discontinued in a Year.
FOUND TO Be MISLEADING
Federal Officials Hold That People Be
lieve That the Government is Back
of Such Guarantees Changes in the
Food Laws Are Being Made.

The legend Guaranteed Under the
Food and Drugs Act' is held to be
misleading and deceptive, and the use
of a serial number on food and drugs
is prohibited after May /, 1915, by a
food inspection decision signed May
5 by the secretaries of the treasury,
agriculture and commerce. The tax
ing effect Of the new regulation is
postponed until May l, 1915, in order
to give manufacturers an opportunity
to use up their present stocks of labels.
After May l, 1915, guarantees of
compliance with the law should be
given by manufacturers directly to
dealers and should be incorporated in
the invoice or bill of sale specifying
the goods covered. This guaranty
should not appear on the label or
package of the product.
The reasons for the action of the
three secretaries as given in the deci-
sion, are as follows:
1T having been determined that
the legends Guaranteed Under the
Food and Drugs Act June 80, 1906, ;
and Guaranteed by (name of guaran-
tory Under the Food and Drugs Act,
June 80, 1906, borne on the labels or
packages of food and drugs, accom-
panied by serial numbers given by the
secretary of agriculture, are each mis-
leading and deceptive, in that the pub
lie is induced by such legends and
serial numbers to believe that the ar
ticles to which they relate have been
examined and approved by the govern
ment, and that the government guar
antees that they comply with the law,
the use of either legend, or any SINH
lar legend, on labels or packages
should be discontinued
Inasmuch as the acceptance by the
secretary of agriculture for fling Of
the guarantees of manufacturers and
dealers and the giving by him of serial
numbers thereto contribute to the de-
eeptive character of legends on labels
shall hereafter be filed with and no
serial number shall hereafter be given
to any guaranty by the secretary Of
agriculture. All guarantees now on
file with the secretary Of agriculture
shall be stricken from the files, and
the serial numbers assigned to such
guarantees shall be cancelled
Many reputable manufacturers have
used the legend and serial number in
good faith solely as a convenient way
of notifying a dealer that they assum-
ed full legal responsibility for their
goods. Other manufacturers have en-
ployed this legend in such way as
to lead the public to believe that their
product had been passed upon and GER
titled by the department Of agricul-
ture. The widespread deception of
the public resulting necessitated
abolishing the department. s practice of
accepting guarantees for fling and
issuing serial numbers.
The Food and Drugs Act does not
prescribe any guaranty legend or serial
number, nor has any manufacturer
ever been required to file a guaranty
or to use serial number or the legend.
The appearance of the serial number
and the guaranty legend on the pro-
ducts, moreover, has been of no ma
terial assistance to the government in
detecting or prosecuting violations of
the Food and Drugs Act, nor has it
promoted the manufacture and sale of
pure foods or drugs. The presence of
the number and legend on an adul-
.terated or misbranded product does
not enable federal officers to secure
| any heavier penalty for violations
than if the goods were not so labeled,
although in many such cases it made
deception of the public more certain.
The only mention of a guaranty in
the Food and Drugs Act is section g..
which provides that where a dealer
can show a guaranty from the maker
of goods that they comply with the
law, the manufacturer, and not the
dealer, shall be amenable to prosecu-
ton.