James Clark McReynolds

“ Defendant relies on the proviso in section 8 which declares articles of food shall not be deemed adulterated or misbranded if they are 'labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends and the word 'compound,' 'imitation,' or 'blend,' as the case may be, is plainly stated on the package in which it is offered for sale.' But we are unable to conclude that by simply using 'compound' upon his label a dishonest manufacturer exempts his wares from all inhibitions of the statute, and obtains full license to befool the public. ”

“ The stuff put into commerce by defendant was an 'imitation' and if so labeled purchasers would have had some notice. To call it 'compound essence of grape' certainly did not suggest a mere imitation but on the contrary falsely indicated that it contained something derived from grapes. See Frank v. United States, 192 Fed. 864, 113 C. C. A. 188. The statute enjoins truth; this label exhales deceit. ”

“ An indictment containing six counts charged defendant, Schider, with violating the Food & Drug Act of June 30, 1906 (34 Stat. 768, c. 3915 [Comp. St. 1916, §§ 8717-8728] ) , by delivering for shipment in interstate commerce food contained in a bottle plainly labeled as follows: Compound
Jos. L. Schider & Co. ”