9402. Adulteration and Misbranding of apple, muscadine, apricot, Mexi- 
cola Hot, and red grape flavor beverages. U. S. * * * v. Two 16- 
Gallon Kegs * * * of Beverage and Four 16-Gallon Kegs * * * 
of Beverage. Default decrees of condemnation and forfeiture. 
Products ordered destroyed. (F. & D. Nos. 14207, 14208. Inv. Nos. 27357„ 
27358, 27359, 27360, 27361, 27362.    S. Nos. C-2691, C-2692, C-2693, C-2694.)
On January 24, 1921, the United States attorney for the Eastern District of 
Arkansas, acting upon a report by the Secretary of Agriculture, filed in the- 
District Court of the United States for said district libels for the seizure 
and condemnation of two 16-gallon kegs of alleged beverage, which were labeled 
in part, respectively, "Apple" and " Muscadine," and four 16-gallon kegs of 
alleged beverage, labeled in part, respectively, " Red Grape," "Apricot Flavor," 
"Apple Flavor," and " Mexicola Hot," at Collins, Ark., alleging that the articles 
had been shipped on or about December 8, 1920, by the Red Cross: Mfg. Oo., 
St. Louis, Mo., and transported from the State of Missouri into the State of 
Arkansas, and charging adulteration and misbranding in violation of the 
Food and Drugs Act, as amended.
Adulteration of the articles was alleged in substance in the libels for the- 
reason that they contained an added poisonous or deleterious ingredient, 
namely, saccharin, which might render the articles injurious to health, and: 
which had been mixed and packed with, and substituted in part for, sugar, 
and for the further reason that the articles were mixed and colored [in a 
manner] whereby damage and inferiority were concealed.M- 
isbranding of the apple and red grape beverages was alleged in substance- 
for the reason that the labeling, "Apple " and " Red Grape," was false and 
misleading to the purchaser when applied to an imitation product prepared 
from an artificially colored, flavored, and sweetened solution, containing 
saccharin and benzoate of soda, neither being declared upon the label. Mis- 
branding of the other articles was alleged for the reason that the following 
statements, "Muscadine," or "Apricot," or "Apple Flavor," or "Mexicola Hot,"" 
as the case might be, " Non-Alcoholic Artificial Flavor and Color Muscadine 
Flavor," or "Apricot Flavor," or "Apple Flavor," or " Mexicola Hot," as the 
case might be, (in very small type) " Sweetened with Saccharine * * * The- 
contents of this Package guaranteed to comply with all laws. * * * Guar- 
anteed by Red Cross Mfg. Co. St. Louis, Mo.," were false and misleading and 
would deceive and mislead the purchaser when applied to a product which 
contained saccharin, which might render the article injurious to health, and 
benzoate of soda, which was not declared upon the label. Misbranding was 
further alleged for the reason that the article was food in package form, and 
the quantity of the contents was not plainly and conspicuously marked o:a 
the outside of the package.
On April 26, 1921, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the 
court that the products be destroyed by the United States marshal.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.