13040. Adulteration and misbranding of grape concentrate. V. S. v. 5 
Jug's of Grape Concentrate. Default decree of condemnation. 
forfeiture, and destruction. (F. & D. No. 18979. I. S. No. 18891-v. 
S. No. C-4480.)
On September 19, 1924, the United States attorney for the Eastern District 
of Wisconsin, 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 5 jugs of grape concentrate, remaining in the original 
unbroken packages at Milwaukee, Wis., alleging that the article had been 
shipped by the National Fruit Flavor Co., Inc., from New Orleans, La., Febru- 
ary 23, 1924, and transported from the State of Louisiana into the State of 
Wisconsin, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: " National Fruit Flavor Co. 
New Orleans, La.    *    *    *    Grape Concentrate."
Adulteration of the article was alleged in the libel for the reason that an 
artificially-flavored and artificially-colored imitation product had been mixed 
and packed therewith so as to reduce or lower or injuriously affect its quality 
and strength and had been substituted for grape concentrate, and in that the 
article had been colored in a manner whereby its inferiority was concealed.
Misbranding was alleged for the reason that the statement on the label 
" Grape Concentrate" was false and misleading and deceived or misled the 
purchaser when applied to an imitation product, and in that it was an imita- 
tion of and offered for sale under the distinctive name of another article.
On December 15, 1924, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.