Foods and Their Adulteration / Origin, Manufacture, and Composition of Food Products; Description of Common Adulterations, Food Standards, and National Food Laws and Regulations Papyras Classics

← Foods and Their Adulteration / Origin, Manufacture, and Composition of Food Products; Description of Common Adulterations, Food Standards, and National Food Laws and Regulations

Chapter 139

(F. I. D. 19.) False Branding of Mushrooms

Letter of Importer.

April 25, 1905.

We acknowledge receipt of your letter of the 18th advising that a certain shipment of mushrooms consigned to us ... are misbranded, for the reason that the tins contain nothing but stems and scraps from the cannery.

In answer we beg to advise you that the goods in question are not sold by us as regular mushrooms to the trade. This particular packing is used by only the hotel and restaurant trade for the purpose of making a sauce, and on this account are branded “Hotels.” This is the trade-name given to the character of the goods in question, and it is always understood that they contain nothing but stems and pieces which are left over in the packing of the other grades.

Under these conditions we cannot believe that we are importing goods that are misbranded, and would ask you to kindly release the shipment in question.

Decision of Department.

April 29, 1905.

In this connection I desire to state that the understanding of the trade respecting branding of food products is not one which should always guide the officials in charge of the pure-food law. The object of the law is the protection of the consumers particularly and not of the trade. The addition of the word “Hotel” to the word “Champignons” in no way describes the character of the product except to those who are initiated in the secrets of the trade. After all, the consumer is the one who suffers, as he eats the mushroom sauce, which is not made of mushrooms at all, and thus the deception is complete, although the purchaser may understand the character of the goods. It is extremely doubtful whether under the terms of the law such goods would be entitled to importation under any name, as they certainly are not to be considered as edible. They should bear the label “FRAGMENTS AND SCRAPS FROM MUSHROOM CANNERY,” or “CHAMPIGNONS, PIECES AND STEMS” in order to be properly described. I am not able to see why the patrons of hotels and restaurants should be subjected to a deception of this character. I beg to say, therefore, that your explanation does not satisfy me respecting the suitability of this invoice for entry.