21466. Adulteration and Misbranding of imitation lemon. U. S. v. 360 
Bottles of Imitation Lemon. Default decree of condemnation, 
forfeiture, and destruction.    (F. & D. no. 30824.    Sample no. 41941-A.)
This case involved a shipment of imitation lemon which was artificially 
colored and which was so deficient in the flavoring substances normal to such 
product as to be almost worthless as a flavoring agent. The statement of the 
quantity of the contents borne on the label was not made in terms of liquid 
measure.
On August 5, 1933, the United States attorney for the District of Idaho, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 360 bottles of imitation lemon at 
Pocatello, Idaho, alleging that the article had been shipped in interstate com- 
merce on or about May 27, 1933, by the John H. Evans Co., from Salt Lake City. 
Utah, and charging adulteration and misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Duchess Imitation 
Lemon."
It was alleged in the libel that the article was adulterated in that an artifi- 
cially colored water containing much less than the normal amount of flavor 
had been substituted for imitation lemon. Adulteration was alleged for the 
further reason that the article had been mixed and colored in a manner 
whereby inferiority was concealed.
Misbranding was alleged for the reason that the statement on the bottle 
label, " Imitation Lemon ", was false and misleading and deceived and misled 
the purchaser. Misbranding was alleged for the further reason that the article 
was offered for sale under the distinctive name of another article, and for the 
further reason that it was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was not expressed in terms of liquid measure.
On September 6, 1933, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.