9742. Adulteration   and misbranding of   loganberry   soda   water.    U.   S.
*     *     *     v.   The   Standard   Bottling   Co.,   a   Corporation.     Plea   of
guilty.    Pine, $10 and costs.     (F. & D. No. 11206.    I. S. No. 6857-r.)
At the May, 1920, term of the United States District Court within and for 
the District of Colorado, the United States attorney for said district, acting 
upon a report by the Secretary of Agriculture, filed in the District Court afore- 
said an information against the Standard Bottling Co., a corporation, Denver, 
Colo., alleging shipment by said company, in violation of the Food and Drugs 
Act, on or about May 11, 1918, from the State of Colorado into the State of 
Nebraska, of a quantity of loganberry soda water which was adulterated and 
misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that it was an artificially-colored, sweetened, carbonated 
beverage containing a small quantity of a benzoate or benzoic acid, and little, 
if any, fruit constituents.
Adulteration of the article was alleged in the information for the reason that 
it had been colored in a manner whereby inferiority was concealed, and for 
the further reason that a solution of sugar, water, and artificial coloring and 
flavoring matter and benzoate of soda had been mixed and packed therewith so
as to reduce and lower and injuriously affect its quality and strength and had 
been substituted in part for loganberry soda water, which the article purported 
to be.
Misbranding was alleged for the reason that the article was an imitation of, 
and was offered for sale under the name of, another article, to wit, loganberry 
soda water. Misbranding was alleged for the further reason that the article 
was labeled " Loganberry " and bore a design of ripe loganberries, so as to 
deceive and mislead purchasers into the belief that it was made of loganberries 
and was a loganberry soda water, and for the further reason that the statement 
on the label, " Loganberry," together with the design of ripe loganberries, was 
false and misleading in that it represented to purchasers thereof that the article 
was a loganberry soda water and was made with loganberries, whereas, in fact 
and in truth, it was not a loganberry soda water and was made with artificial 
flavoring and coloring matter.
On July 19, 1921, a plea of guilty to the information was entered on behalf of 
the defendant company, and the court imposed a fine of $10 and costs.
C. W. PUGSLEY, Acting Secretary of Agriculture.