9074. Adulteration ami niishi'auding' of nonalcoholic beverages. IT. S. 
* * * v. 1 * * * Keg Each of Cherry and Champagne 
Flavor Nonalcoholic Beverages * * *. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 13831, I. S. Nos. 
8785-t,  S786-t.     S.  No.  E-2853.)
On November 1, 1920, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel for the seizure and condemnation 
of 1 keg each of nonalcoholic beverages, labeled in part " Non-Alcoholic Cherry " 
(or "Champagne"), consigned on or about October 19, 1920, remaining in the 
original unbroken packages at Port ^Deposit, Md., alleging that the article had 
been shipped by the Red Cross Mfg. Co., St. Louis, Mo., and transported from 
the State of Missouri into the State of Maryland, and charging adulteration and 
misbranding in violation of the Food and Drugs Act. The article was labeled 
in part, as the case might be, "Non-Alcoholic * * * Cherry" (or "Cham- 
pagne") "* * * Siveetened with Saccharine * * * Red Cross Mfg. Co. 
St. Louis, Mo."
Adulteration of the article was alleged in the libel for the reason that a 
substance which has no food value and is deleterious to health, to wit, saccharin, 
had been mixed and packed therewith, and substituted wholly or in part for 
the article, and for the further reason that it contained an added poisonous or 
deleterious ingredient, to wit, saccharin, which might have rendered the article 
injurious to health.
Misbranding of the article was alleged for the reason that the packages or 
label bore a statement, design, or device, regarding the article or the ingredients 
or substances contained therein, to wit,":Non-Alcoholic Cherry" (or "Cham- 
pagne"), which was false and misleading and deceived and misled the pur- 
chaser, and for the further reason,.that the article was an imitation of, and 
was offered for sale under the distinctive name of, another article. 
44749°-^-21 3
On December 18, 1920, no claimant having appeared for the property, judg- 
ment ot condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.