US SUPREME COURT DECISIONS

Within the general terms of the Food & Drug Act (c. 3915, 34 Stat. 768, §§ 7-8), a bottled article labeled "Compound Ess Grape," but which contains nothing from grapes and is a mere imitation, must be deemed adulterated, since some other substance has been substituted wholly for the one obviously indicated by the label, viz., "compound essence of grape," and also misbranded, since the label carries a false and misleading statement.

In such case, the mere use of the word "compound" is not a compliance with the proviso in paragraph fourth of § 8 of the act, since it does not give notice that the article is a pure imitation, but suggests the contrary.

Reversed.

The case is stated in the opinion.