11994. Adulteration and  misbranding of  soda water flavors.    XT.   S.  v.  19
Jogs   of  Soda  Water  Flavor No.  1   and  19  Jugs   of   Soda  Water 
Flavor   No.   2.    Product   released   under   bond   to   be   relabeled.
(F. & I>. No. 17994.    I. S. Nos. 1389-v, 1390-v.    S. No. B-4570.)
On or about November 9, 1923, 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 praying the seizure 
and condemnation of 19 jugs of soda water flavor No. 1 and 19 jugs of soda 
water flavor No. 2, alleging that the article had been shipped by the Good- 
Grape Co., from Chattanooga, Tenn., on or about October 4, 1923, and trans- 
ported from the State of Tennessee into the State of Maryland, and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled as follows: (Carton containing two jugs of No. 1 and two 
jugs of No. 2) "4-1 Gal. Glass Jugs Soda "Water Flavor From The Good-Grape 
Co. Chattanooga, Tenn.;" (sticker label on carton) "Good-Grape * * * 
'Fruit Of The Vine* * * * From The Good-Grape Company * * * 
Chattanooga, Tenn.;" (individual bottle label of No. 1) "Number 1 The Good- 
Grape Company Chattanooga, Tenn. * * * (Artificially Colored) * * * 
Grape Jack;" (individual bottle label of No. 2) "Number 2 The Good-Grape 
Company Chattanooga, Tenn. * * * (Artificially Colored) * * * 
Cap'n Grapejack."
Adulteration of the article was alleged, in the libel for the reason that a 
substance, to wit, an imitation grape flavor, had been mixed and packed there- 
with so as to reduce and lower and injuriously affect its quality and strength 
and had been substituted in whole or in part for grape flavor, which the article 
purported to be. Adulteration was alleged for the further reason that the 
article was mixed and colored in a manner whereby damage or inferiority 
was concealed.
Misbranding was alleged for the reason that the following statements appear- 
ing on the cartons and bottles containing the article, regarding the said article 
and the ingredients and substances contained therein, to wit, (carton) " Good- 
Grape Co.," (sticker on carton) " Good-Grape * * * ' Fruit Of The Vine' 
* * * Good-Grape Company," (bottle. No. 1) "Good-Grape * * * Grape 
Jack," (bottle, No. 2) "Good-Grape * * * Cap'n Grapejack," were false 
and misleading and deceived and misled the purchaser. Misbranding was 
alleged for the further reason that the article was an imitation of and was 
offered for sale under the distinctive name of another article.
On November 28, 1923, the Good-Grape Co., Chattanooga, Tenn., having 
appeared as claimant for the property and having filed an answer admitting 
the facts of the libel, an order of the court was entered providing for the 
release of the product to the claimant upon payment of the costs of the pro- 
ceedings and the execution of a bond in the sum of $600, conditioned in part 
that it be relabeled under the supervision of this department.
?. F? MABVIN, Acting Secretary of Agriculture.