United States v. Forty Barrels & Twenty Kegs of Coca-Cola

Citations

• 191 F. 431
• 1911 U.S. Dist. LEXIS 118

Syllabus

<p>1. Food (§ 5*) —Food and Drugs Act — Construction-“Adulterated” — “Added.”</p> <p>Under the food and drugs act (Act June 30, 1906, c. 3915, §§ 7, 8, 31 Stat. 769, 771 [U. S. Comp. St. Supp. 1909, pp. 1190, 1191]), an article of food other than confectionery is not deemed to be adulterated merely because it contains a poisonous or deleterious ingredient unless such ingredient has been “added”; that is, unless it is foreign to the natural or normal composition of the article.</p> <p>[Ed. Note. — For other cases, see Food, Cent. Dig. § 1; Dec. Dig. § 5.*</p> <p>For other definitions, see Words and Phrases, vol. 1, pp. 174, 175; 210-212.]</p> <p>2. Food (§ 5*) — Food and Drugs Act — “Adulterated”—Coca-Cola.</p> <p>Evidence held to establish without contradiction that the name “Coca-Cola” is a trade-name, which has for many years been given by the manufacturer to a food product, and registered as a trade-mark; that such product is an artificial compound used in the preparation of beverages, consisting of a sweet syrup having for one of its essentia] ingredients caffeine, which is prescribed in definite proportions in the formula under which the compound has been manufactured for many years; that the compound, as made under such formula, has been extensively advertised, and has become well known to the trade and to consumers under such trade-mark name; and that no other article of food or beverage! has been manufactured or sold under such name. Hold, that under such facts and the provision of the food and drugs act (Act June 30, 1906, c. 3915, § 8, 34 Stat. 771 [U. S. Comp. St. Supp. ]909, p. 1191]) that mixtures or compounds known under their own distinctive names and not an imitation sold under the distinctive name of another article, if the name is accompanied by a statement of the place of manufacture, shall not be deemed adulterated or misbranded unless they contain some added poisonous or deleterious ingredient, a shipment of Coca-Cola labeled as required by such