In the so-called Harrison "Narcotic Act" which regulates among other things, the distribution of cocain, a provision was inserted exempting spent coca leaves and products made therefrom from the provisions of the law. This provision authorizes the re-extraction of the exhausted coca leaves after the cocain has been removed and the employment of this extract in beverages without registration. The case of the United States against 40 barrels and 20 kegs of coca cola before the District Court of the United States,

Southern Division, Eastern District of Tennessee, is one justly celebrated. The Libel of the United States alleged that this merchandise as advertised was misbranded in that it did not contain as essential ingredients any coca or cola and further that it was adulterated, in that it contained an added ingredient, caffein, which was deleterious to health. After a trial lasting more than a month the Court took the case from the jury and decided its principal points in favor of the Coca Cola Company, namely that it was not misbranded and that the caffein therein was not an added substance. An Abstract of this case is published by the Department of Agriculture as Notice of Judgment No. 1455, May 27, 1912.

The case was appealed to the Circuit Court of the United States, Sixth Circuit, before Judges Warrington, Knappen and Denison who by a unanimous opinion supported the rulings of the lower court. The number of the case is 2415 and an abstract of the case was issued by the Department of Agriculture, from the Office of the Solicitor, June 30, 1914, as Circular No. 80.

The case was appealed by the Government to the Supreme Court. This Court by a unanimous opinion No. 562, May 23, 1916, overruled the courts below, both on the decision of misbranding and adulteration and remanded the case for a new trial.

The case was called before Judge Sanford at Chattanooga on the 12th day of November, 1917. The Attorney for the United States agreed with the attorney for the Coca Cola Company to forego a new trial and in view of the statements made by the Company that the formula had been changed the case was dismissed without prejudice to the Coca Cola Company under the following order of the Court:

"AND IT IS FURTHER ORDERED that the said goods, wares or merchandise seized herein, to wit, the forty barrels and twenty kegs of Coca Cola, shall be released to the claimant upon said claimant paying the costs above adjudged and giving sufficient bond, conditioned that the product shall not be sold or otherwise disposed of contrary to the provisions of the Federal Food and Drugs Act, or the laws of any State, Territory, district or Insular possession of the United States."

"In open Court, this 12th day of November, 1917."

(Signed) Edward T. Sanford, United States Judge.

The nature of the changes proposed by the Company in the composition of coca cola does not appear in the published proceedings of the court to which I have had access. In a recent advertisement of the Coca Cola Company it was stated:

This Company regards it a privilege to comply with the Government's request, made similarly to all manufacturers employing sugar in quantity, to reduce our output fifty percent.

To the end of conservation we pledge our further efforts in every direction that opportunity may disclose, in manufacture as well as beyond the scope of our immediate interests; and in this effort generally we bespeak the co-operation of dealers and consumers everywhere.