imitation with a genuine article can not be regarded as a mixture of like substances within the letter and intent of the law.
James Wilson,
Secretary of Agriculture.
Washington, D. C., December 1, 1906.
F. I. D. 46, as amended. Issued March 22, 1907.
UNITED STATES DEPARTMENT OF AGRICULTURE,
BUREAU OF CHEMISTRY,
H. W. WILEY, Chief of Bureau.
FOOD INSPECTION DECISION 46, AS AMENDED.
Fictitious Firm Names.
F. I. D. 46, Issued on December 13, 1906, on the Subject of Fictitious Firm Names,
is Hereby Amended to Read as Follows, for the Purpose of Obviating Any
Ambiguity That May Have Existed in the Original Decision. The Amended
Portion is Set in Italics.
The following extract from a letter is typical of a question frequently asked:
In connection with our manufacture of flavoring extracts, we produce an article containing
a certain percentage of artificial coumarin and vanillin. This product has been
placed on the market under the name of and Company, a fictitious firm, although
dealers have always understood that it was our product. Is there any objection to our
continuing to brand the product as manufactured by and Company?
The same question has frequently been asked by importers who state that they desire
to assume the responsibility for particular brands.
It has been held by the Attorney-General (F. I. D. 2) that—
the words ". . . Daisy Sugar Corn, Company, Milwaukee, Wis.,"
clearly imply that the goods referred to are manufactured or prepared by that company in
Wisconsin. The general public, unfamiliar with trade practices, would inevitably reach
that conclusion.
Regulation 18 provides that if the name of the manufacturer and the place of manufacture
be given, they must be the true name and the true place. If would appear, therefore,
that the use of a fictitious name in such a manner that it would be understood to be
the name of the manufacturer would be clearly a violation of Regulation 18. It is apparent
that the provisions of Regulation 18 will not be fulfilled by the nominal incorporation of a
fictitious firm. The regulations require that goods must be actually manufactured by the
firm represented on the label as the manufacturer.
When a proper name, other than that of the manufacturer, is placed upon a label it must not be used in the possessive. For instance,
CHARLES GASTON'S
OLIVE OIL
BORDEAUX
