21880. Adulteration and misbranding of malted orange compound. TJ. S. v. 
238 Cases and 118 Cases of Golden Agre Malted Orange Compound. 
Product ordered destroyed. (F. & D. nos. 28881, 28881-A. Sample nos. 
6128-A, 6129-A.)
This case involved a product labeled to convey the impression that it was a 
compound consisting essentially of substances derived from natural fruit. 
Analysis showed that the article was an artificially colored imitation orange 
product containing a small amount of dehydrated orange juice. Unwarranted 
health claims were made for the article in the labeling.
On September 12 and September 19, 1932, the United States attorney for the 
Western District of Missouri, acting upon reports by the Secretary of Agricul- 
ture, filed in the district court libels praying seizure and condemnation of 356 
cases of Golden Age malted orange compound at Kansas City, Mo., alleging that 
the article had been shipped in interstate commerce by the Malted Products, 
Inc., from Chicago, Ill., in part on or about July 14, 1932, and in part on or 
about July 19, 1932, and charging adulteration and misbranding in violation of 
the Food and Drugs Act. . The article was labeled in part: " Golden Age Malted 
Orange Compound * * * Made only by Malted Products, Inc., * * * 
Chicago, U. S. A."
It was alleged in the libels that the article was adulterated in that an imita- 
tion orange beverage base had been substituted for malted orange. Adultera- 
tion 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 article was an imitation and 
was offered for sale under the distinctive name of another article, and in that 
the designs of fruit on the package label were misleading. Misbranding was 
alleged for the further reason that the following statements in the labeling were 
false and misleading and deceived and misled the purchaser: (Package) 
" Malted Orange * * * Simply dissolve one heaping teaspoon of Golden Age 
Malted Orange in half a glass of water, rather than being inconvenienced by 
squeezing the juice from one orange. * * * Fresh orange flavor * * * 
real orange juice drink", (circular, heading) "Golden Age Malted Orange * * * 
1. Aids digestion. * * * Builds Body Resistance. Prevents and corrects 
Acidosis. Promotes the retention of Calcium, Phosphorous and certain other 
Food Elements. Promotes the Retention of Calcium, Phosphorous and Certain 
Other Food Elements. Promotes Normal Functioning for Healthy Mouth and 
Perfect Teeth. It stimulates Growth in Children. * * * The protective food 
elements necessary for health and proper growth. * * * so necessary to 
build strong bones, and teeth, rieh blood, nerve tissue and helps regulate the 
body.   *   *   *   Excellent for underweight."
The Malted Products, Inc., filed claims and answers denying that the article 
was adulterated, also denying that it was an imitation, but admitting that the 
article was misbranded in that the statements upon and within the package 
and the designs of fruit were misleading. On December 4, 1933, the cases having 
been called and the defendant having failed to appear, upon motions filed by 
the United States attorney for judgment on the pleadings, decrees were entered 
adjudging the product to be adulterated and misbranded and ordering that it 
be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.