14707. Adulteration and misbranding of punch. IT. S. v. 27 Cases, et al., of 
Punch. Default decrees of condemnation, forfeiture, and destruc- 
tion. (F. & D. Nos. 19081, 19082. I. S. Nos. 13266-v to 13275-v, incl. S. 
Nos. E^987, E-4989.)
On October 27, 1924, the United States attorney for the Eastern District of 
New York, acting upon reports by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying seizure and 
condemnation of 74 cases of punch, remaining unsold in the original packages 
at Brooklyn, N. Y., alleging that the article had been shipped by the Flip 
Mfg. Co., from Scranton, Pa., in part May 5, 1924, and in part June 7, 1924, and 
transported from the State of Pennsylvania into the State of New York, and 
charging adulteration and misbranding in violation of the food and drugs act 
as amended. The article was labeled in part: " One Pint Swartz's Family 
Punch Flavored Syrup * * * Manufactured By Flip Manufacturing Co., 
Scranton, Pa.," together with statements of the various flavors, " Orange," 
" Raspberry," " Grape," " Cherry," or " Lime & Lemon."
Adulteration of the article was alleged in the libels for the reason that a 
substance, an imitation punch, had been mixed and packed therewith so as to 
reduce, lower, or injuriously affect its quality and strength and had been 
substituted wholly or in part for the said article, and for the further reason 
that it had been colored in a manner whereby damage or inferiority was 
concealed.
Misbranding was alleged for the reason that the statements " One Pint" and 
?'Orange" (or "Raspberry," "Grape," "Cherry," "Lime & Lemon," as the case 
might be) together with the design of assorted ripe fruits, borne on the label, 
were false and misleading and deceived and misled the purchaser. Misbrand- 
ing was also alleged for the reason that the article was an imitation and offered 
for sale under the distinctive name of another article. Misbranding was alleged 
for the further reason that the article was food in package form and the quan- 
tity of the contents was not plainly and conspicuously marked on the outside 
of the package.
On April 13, 1925, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.