18619. Adulteration and Misbranding of Za-Rex fruit sirups. TJ. S. TV 
1,182 Cases of Za-Rex Fruit Sirups. Consent decree of condem- 
nation    and   forfeiture.    Product*   released under bond.     (F.   &   D.)
No.  26224.    I.  S.  Nos.  20129 to 20136, incl.,  20217  to  20224, incl.    S.  No. 
4508.)
Examination of sample bottles of the variously flavored fruit sirups from 
the shipments herein described showed that the bottles contained less than the 
volume declared on the label; that the cherry sirup contained benzaldehyde, 
an added artificial flavor; that the pineapple sirup contained undeclared arti- 
ficial color; and that the punch sirup was colored with a coal-tar color and not 
a vegetable color, as represented by the label.
On April 20, 1931, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 1,182 cases of Za-Rex fruit sirups, remaining in 
the original unbroken packages at New York, N. Y., consigned at various times by 
the same firm under the names of Rex Food Prod. Co., Za-Rex Co., Za-Rex CO. 
(Inc.), or Zarex Food Prod., alleging that the articles had been shipped from 
Boston, Mass., between the dates of May 17, 1930 and August 16, 1930, and had 
been.transported frpm.the State of Massachusetts into:the State of New York.. 
It was charged that the article's were misbranded in violation of the food and 
drugs act as amended, and that the cherry sirup also was adulterated.
The so-called punch was labeled in part: " Za-Rex * * * Contents 
One Pint Punch * *. * Pure Vegetable Color ** * Manufactured and' 
Guaranteed by Za-Rex Food Products, Inc., Boston, Mass." The remaining^ 
sirups were labeled in part: " Za-Rex * * , * Contents One Pint Raspberry 
[or " Cherry," " Strawberry," " Lemon and Lime," " Lemon," " Pineapple," or 
"Orange"] * * * Manufactured and Guaranteed by The Za-Rex Company, 
Inc., Boston, Mass."
Adulteration of the cherry sirup was alleged in the libel for the reason that 
artificial flavor had been substituted in part for the article, and for the further" 
reason that it was mixed with artificial flavor in a manner whereby inferior- 
ity was concealed.
Misbranding was alleged with respect to all products for the reason that the 
statement on the label, "Contents One Pint," was .false and misleading and 
deceived and misled the purchaser; and for the further reason that the articles 
were foods in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the packages, since the statement 
made was not correct. Misbranding was alleged with respect to the pineapple, 
cherry, and punch sirups for the further reason that the designation " Pineapple"* 
was false and misleading, and deceived and misled the purchaser when, applied 
to an artificially-colored product; the statements, "Cherry * * * A Pure 
Fruit Juice Flavored Syrup," were false and misleading and deceived and misled 
the purchaser when applied to an artificially flavored product; and the state- 
ment, "Pure Vegetable Color" appearing in the labeling of the punch sirup,
was false and misleading, and deceived and misled the purchaser when applied 
to an article colored with Amaranth, a coal-tar dye.
On June 23, 1931, the Zarex Co. (Inc.), Boston, Mass., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the products be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $2,000, conditioned 
in part that the said pineapple, cherry, and punch sirups be relabeled and that 
all bottles be refilled to bring the volume up to the declared contents.
ABTHTJB M. HYDE, Secretary of Agriculture.