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Image 42 of Annual report. 1910

Part of Kentucky Agricultural Experiment Station

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il., I 22 Kentucky Agricultural, Experiment Station ~ 1 ‘ mixture is offered for sale. For example, a mixture of whisky, in quantity sufficient to dominate the char- acter of the mixture, with a potable alcoholic distillate ` from sources other than grain and including harmless color and flavor is correctly labeled ‘Kerwan Whisky. _ A compound of whisky and cane distillate.] Unmixed . potable alcoholic distillates from sources other than ‘ grain, with or without harmless color or flavor, are not misbranded if labeled ‘Imitation Whisky.’ — "When an essence or oil is added to a distillate of grain, which without such addition is entitled to the " name whisky, and the eEect of such addition is to pro- duce a product which simulates a whisky of another · kind different from the kind of whisky to which the _ essence is added, the mixture is an imitation of the particular kind of whisky which is simulated, e. g., ~ if rye essence be added to a highly rectified distillate of corn, the mixture is misbranded if labeled rye whisky. Such a mixture is not misbranded if labeled ‘Whisky—Imitation Rye} · "Nothing in the Food and Drugs Act inhibits any _ truthful statement upon the label of any product sub- ject to its terms, such as the particular kind or kinds of whisky, vended as whisky or as blends or com- pounds thereof, but when descriptive matter, qualify- ing the name whisky, is placed upon the label, it must be strictly true, and not misleading in any particular. The law makes no allowance for seller ’s praise upon the label, if false or misleading, and the product is misbranded if a false or misleading statement be made upon one part of the label and the truth about the , product be stated upon another part. Similarly a product is misbranded if the label is false or mis- leading through the use of a trade-marked statement, design or device. The fact that a phrase, design or device iseregistered in the U. S. Patent Office gives no license for its deceptive use. All descriptive matter qualifying or particularizing the kind of whisky, whether volunteered or required by the law to be . stated, as in the case of blends and compounds, must be givendue prominence as compared with the size of type and the background in which the name whisky A appears, so that the_ label as a whole shall not be mis- leading in any particular. ` "Food Inspection Decisions 45, 65, 95 and 98, and ri