19935. Misbranding of cordials.    TJ.  S.  v.  60  Bottles  of Cordials.    Default
decree of condemnation, forfeiture, and destruction.     (F. & D. No.
27968.    I. S. Nos. 19767, 19768, 19769.    S. No. 6012.)
This action involved the interstate shipment of certain so-called cordials 
which were found to contain insufficient fruit juices to justify their description 
and sale as cordials.
On May 13, 1932, the United States attorney for the Southern District of 
Texas, 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 60 bottles of the said cordials, remaining in the original 
unbroken packages at Galveston, Tex., alleging that the articles had been 
shipped in interstate commerce, in part on or about November 21, 1931, and 
in part on or about January 30, 1932, by E. A. Zatarain & Sons (Inc.), from 
New Orleans, La., to Galveston, Tex., and charging misbranding in violation { 
of the food and drugs act.   The article was labeled in part:  (Shipping pack-
age) " Pa-Poose Non-Alcoholic Artificial Flavor Cordials Cherry [or "Apricot" 
or " Peach "] E. A. Zatarain & Sons, Inc., New Orleans, La."
It was alleged in the libel that the articles were misbranded in that the 
statements on the bottles, " Pa-Poose Brand Non-Alcoholic Cordial * * * 
Cherry [or "Apricot" or "Peach"]," and the statements on the packages con- 
taining the bottles, " Pa-Poose Non-Alcoholic Artificial Flavor Cordials Cherry 
[or "Apricot" or "Peach"]," were false and misleading, since the articles 
did not contain a sufficient amount of fruit juices, if any, to justify labeling 
the products as cordials. Misbranding of the articles was alleged for the 
further reason that they were imitation cordials and should have been labeled 
as such, in that they did not contain a sufficient amount of fruit juices to 
constitute a cordial, since they contained negligible amounts, if any, of fruit 
juices.
On June 28, 1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be destroyed by the United States marshal.
HENEY A. WAIXACE, Secretary of Agriculture.