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149
Samples were submitted to the Public Analyst, and in the case of "Cider
non-alcoholic" he reported that the "samples proved to contain 2.6 per cent.
of Proof Spirit and 2.09 grammes per 100 c.c. of cane sugar."
It will be seen, therefore, that this article is not "non-alcoholic," neither
is it cider.
It is the practice in this particular case, when cider is asked for by a
customer, to hand him a glass of this beverage, and the purchaser, not seeing
the bottle, is not warned by the label thereon that the article is not genuine
cider.
In short, he is served with an article which, in the words of Section 6 of
the Food and Drugs Acts, 1875, "is not of the nature, substance, and quality
of the article demanded," and under this Act the seller is liable to a penalty
of £20.
When the attention of the Company in question was directed to their
position under the above-mentioned Act, they at once expressed their desire
to meet the Authorities in the matter, and I received the following undertaking
from them:—
" We have now seen the makers, and find that the error is entirely
" our fault in not having had the name altered on our menu. The
" correct name, however, appears on each label, and also on our show
" cards which we have in all our establishments. The manufacturers
" inform us that this alteration in name was made about a year or so
" ago, and we have to express our regret that, owing to the many
" details of our business, it had escaped our attention, as you know it is
" not our desire to supply the public with an article different to what
" they demand, and the name will be altered as from this week."
In the other cases the result of the analysis was similar to the above, and
when the attention of the sellers was directed to the matter, they expressed a
willingness to at once stop the misinterpretation of the term "Cider," and
the menu was accordingly amended.
I am of opinion that in these cases the principle of allowing the traders to
voluntarily remedy an unwitting infringement of an Act of Parliament is
preferable to proceeding formally under the Sale of Food and Drugs Act.