9410. Misbranding of Grapine.     V. S.     *     *     *     v. 1 Barrel of Grapine.     De¬
fault decree of condemnation.     Product ordered sold or destroyed.
(F. & D. No. 5317.    I. S. No. 590-h.     S. No. 1910.)
On August 21, 1913, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the District aforesaid, holding a District Court, a libel for the 
seizure and condemnation of 1 barrel of Grapine, at Washington, D. C, 
alleging that the article had been shipped by the Wm. A. Beatty Co., Inc., Los 
Angeles, Calif., on May 28, 1913, and transported from the State of California 
into the District of Columbia, and charging misbranding in violation of the 
Food and Drugs Act. The article was labeled in part, " Grapine Soda Foun- 
tain Syrup Added color and flavor. Guaranteed by W. A.- Beatty & Co. 
Los Angeles, Cal. Under the Pure Food and Drugs Act, June 30, 1906, Serial 
No. 38170."
It was alleged in substance in the libel that by means of certain labels upon 
the barrel containing the article, copies of which labels were attached to and 
made a part of the libel and marked " Exhibit A," and which bore the word 
" Grapine" and had displayed prominently thereon designs of clusters of 
grapes, the article purported to be a grape product, when, in truth and in fact, 
it was not a grape product. Misbranding was alleged in substance for the 
further reason that the article was labeled in a false and misleading manner 
so as to deceive and mislead the purchaser in that the said labels purported 
that the article was a concentrated grape sirup, when, in truth and fact, it 
was not a concentrated grape sirup, but was a product artificially flavored 
and colored so as to imitate and simulate grape sirup, and for the further 
reason that the said article was offered for sale in imitation of a long [used] 
and distinctive name of another article, to wit, grape sirup.
On October 10, 1913, the W. A. Beatty Co., Inc., Los Angeles, Calif., entered 
an appearance as claimant lor the property. On March 17, 1921, the case 
having come on for final disposition and no appearance having been made on 
that date for said claimant, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be sold or destroyed 
by the United States marshal.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.