21418.  Adulteration   and   misbranding1   of   fountain   sir tips   and   crushed 
strawberries.     U.  S. v. Allied Fruit  & Elxtract  Co., Inc.     Plea  of
guilty.     Fine, ?50.     (F. & D. no.  28119.    I.S. nos.  16262, 16264,  29427, 
29428, 29429.)
This case was based on interstate shipments of cherry-flavored sirup and 
wild-cherry-flavored sirup, which were artificially colored and flavored and 
contained benzaldehyde and added acid; of raspberry- and loganberry-flavored 
sirups which were artificially colored and contained added acid; and of 
crushed strawberries which were represented to consist of fruit and sugar, 
and which were found to contain glucose.
On July 25, 1933, 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 an information against the Allied Fruit & Extract Co., Inc., 
New York, N.Y., alleging shipment by said company in violation of the Food 
and Drugs Act, on or about April 24, 1931, from the State of New York into the 
State of Pennsylvania, and on or about April 25, 1931, from the State of 
New York into the State of Maryland, of quantities of fountain sirups and 
crushed strawberries which were adulterated and misbranded. The articles 
were labeled in part, variously: " Concentrated Fountain Syrup Cherry Contains 
Added Color, Imitation Flavor Chicago"; " Concentrated Fountain Syrup, 
Raspberry " ; " Loganberry Syrup Concentrated " ; " Dainty-Maid Strawberries 
Composed of Fruit and Sugar, Freed From Excess Syrup Contains Added 
Color * * * Allied Fruit & Extract Company, Incorporated, New York, 
N.Y.; " " Dainty-Maid Concentrated Wild Cherry Syrup * * * Allied Fruit 
& Extract Co. New York, N.Y."
It was alleged in the information that the cherry and wild cherry sirups 
were adulterated in that artificially colored and flavored products containing 
benzaldehyde and undeclared added acid had been substituted for concentrated 
fountain cherry sirup and wild cherry sirup, which the articles purported to be. 
Adulteration of the raspberry and loganberry sirups was alleged for the reason 
that artificially colored products which contained undeclared added acid had 
been substituted for concentrated fountain sirup raspberry and loganberry 
sirup concentrated, which the articles purported to be. Adulteration of the 
crushed strawberries was alleged for the reason that a product which con- 
tained undeclared commercial glucose had been substituted for a product 
made from strawberries, which the article purported to be.
Misbranding was alleged for the reason that the statements, " Concentrated 
Fountain Syrup Cherry ", " Concentrated Wild Cherry Syrup ", " Concentrated 
Fountain Syrup Raspberry ", " Loganberry Syrup Concentrated ", and " Straw- 
, berries Composed of Fruit and Sugar ", borne on the labels, were false and 
misleading, and for the further reason that the articles were labeled so as to 
deceive and mislead the purchaser.
On August 14, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50 on each of the 
10 counts of the information and ordered that sentence be suspended as to all 
counts but count I.
M. L. WILSON, Acting Secretary of Agriculture.