UNUSUAL CASE.

Evening Post, Volume LXXXIII, Issue 24, 29 January 1912, Page 8

UNUSUAL CASE.

SALE OF FOOD AND DRUGS ACT. AN ANALYST'S REPORT AND ITS USE. A most unufeual case came before Mr. A. Crook©, S.M., in the Magistrate's Court to-day. L. J. Duflou, managing director of the Nutricia Milk Company, was charged with having mad© use of a copy of an analyst's certificate issued under the Sale of Foods ar.d Drugs Act. 1908, by publ&hing it in a newspaper as an advertisement. In outlining the. case, Sub-inspector Sheehan characterised defendant's action as being a very mean one. Samples of his milk had been l analysed on two occasions, and as they had been fcund to be below the standard, warnings were issued. Defendant said nothing about this; but on another occasion, when the analyst's report on a sample of his milk had been very favourable, h© had published the report in the New Zealand Times a« an advertisement. In making an explanation on behalf of defendant, Mr. Rothenberg remarked that the sub-Inspector had not put the case quite fairly. It was true that on two occasions defendant's milk had been below the standard, but in each case the margin was so small that the Department could not take any action. Tho company 6old milk in special bottles in order that it could not be tampered with, and on the occasion when the analyst had reported that the sample analysed" had been considerably richer than the regulations required, defendant had been bo pleased that he advertised the fact. When defendant received the copy of the analysis he had no idea that it wae wrong to publish it. Counsel here remarked that he had looked up the English and New South Wales Food and Drugs Acts, and had found no provision relating to the advertising of such report. The advertisement was immediately withdrawn when it was made known to defendant that he had committed an offence. A penalty of £1 was imposed.