13028. Adulteration and misbranding of Wine-Berre. U. S. v. 8 Cases of 
Wine-Berre. Consent decree of condemnation and forfeiture. 
Product   released   to   be   relabeled.      (P.   &   D.   No.   18907.     I.   S.   No.
5794-v.    S. No. C-4456.) 
On August 15, 1924, the United States attorney for the District of Minnesota, 
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 8 cases of Wine-Berre, remaining in the original unbroken 
packages at St. Paul, Minn., alleging that the article had been shipped by the 
Kansas City Kola Co., from Kansas City, Mo., on or about June 21, 1924, and 
transported from the State of Missouri into the State of Minnesota, and charg- 
ing adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: (Carton) '"With The Tang Of The Berry Patch' 
Wine-Berre" (cut of berries) "Manufactured By The Kaw Valley Fruit Prod- 
nets Co., Kansas City, Mo. Wine-Berre Punch Wine-Berre is made with, the use 
of the pure juice of ripe berries," (bottle) " Drink Wine-Berre."
Adulteration of the article was alleged in the libel for the reason that a 
substance, an artificially colored imitation containing only a small amount of 
fruit, had been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statements, " With The 
Tang Of The Berry Patch Wine-Berre is made with the use of the pure juice 
of ripe berries," " Wine-Berre Punch," " Drink Wine-Berre," together with the 
design of berries, borne on the labels, deceived and misled the purchaser, and 
in that the article was an imitation of another article.
On June 16, 1925, the Wine-Berre Co., Inc., Kansas City, Mo., having appeared 
as claimant for the property and having consented to the entry of a decree, 
judgment of condemnation was entered, and it was ordered by the court that
the product be relabeled in part: " Wineberre Brand Imitation Loganberry 
Syrup * * * A Compound of Loganberry Juice Syrup Fruit Acid Acetic 
Acid Artificial Flavors and Colors Manufactured By The Wine-Berre Mfg. 
Corp. Kansas City, Mo.," and that it be released to the said claimant upon pay- 
ment of the costs of the proceedings.
R. W. DUNLAP, Acting Secretary of Agriculture.