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known, the purpose for which it was required. On opening the package
in order to divide it into three parts, as required by the Act,
he discovered on the underneath side of the parcel and inside the
wrapper a small label bearing the words "McDoddie's Prepared
Lard "(large type)—"A Pure Vegetable Product" (small type).
The Inspector reported that this disclosure, if such it were, could not
be seen until the packet was opened and the lard turned upside
down, and that on his asking the agent if anything had been said
to her, she replied, " No, only that it was prepared lard, nor did I see
the label he placed inside. That must have been put on the scales
and the sample placed on top of it, and then all wrapped up
together. I certainly did not see it until you opened it and cut the
lard." The Inspector then informed the vendor that the words
"Prepared Lard " on the bulk from which the sample was purchased
did not, in his opinion, constitute a disclosure. The sample
was subsequently reported by the Public Analyst to contain 100 per
cent. of cocoanut oil.
When the case was heard at the South-Western Police Court
evidence to the above effect was given, but the Magistrate, Mr. De
Grey, dismissed the case, but on an application by the defendant's
solicitor he refused to give costs against the Council.
The decision of the Magistrate was considered by the Health
Committee to be of such importance from the public health standpoint
and the administration of the Food and Drugs Acts that they
decided to recommend the Council to appeal. An appeal has,
therefore, been entered.