22027. Adulteration    and misbranding of    apricot-,    blackberry-,    and
cherry-flavored sirups. V. S. -r. Joseph B. Pabls, and Clemens A. 
Pabls. Pleas of guilty. Fine, ?25. (F. &. D. no. 28161. I.S. nos. 
25673, 25674, 25676.)
This case was based on interstate shipments of artificially flavored and 
colored Imitation fruit-flavored sirups.
On December 13,1932, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Joseph B. Pahls and Clemens A. Pahls, members
23
72595—34 1
of a copartnership trading as Joe Grein and J. Pahls, Chicago Ill., alleging 
shipment by said defendants in violation of the Food and Drugs Act, on or about 
March 18, 1931, and May 27, 1931, from the State of Illinois into the State of 
Indiana, of quantities of apricot-, blackberry-, and cherry-flavored sirups which 
were adulterated and misbranded. The articles were labeled in part: (Bottles) 
" Look for the Lily G. and P. Brand Apricot [or " Blackberry " or " Cherry "J 
Flavored Syrup Artificially Colored Citric Acid Added * * * Joe Grein & J. 
Pahls.   *   *   *   Chicago."
It was alleged in the information that the apricot sirup was adulterated in 
that an imitation apricot-flavored sirup containing no true apricot flavor but 
containing citric acid and artificial flavor and color had been substituted for 
apricot-flavored sirup to which had been added citric acid and artificial 
flavor and color, which the article purported to be, but was not, since it 
was not apricot-flavored sirup either before or after the addition of citric acid 
and artificial flavor and color. Adulteration of the blackberry- and cherry- 
sirups was alleged for the reason that imitation blackberry or cherry flavored 
sirups containing citric acid, artificially colored, and flavored with undeclared 
artificial flavor had been substituted for the articles.
Misbranding was alleged for the reason that the statements, "Apricot Flavored 
Syrup ", " Blackberry Flavored Syrup ", " Cherry Flavored Syrup", borne on 
the labels, were false and misleading and for the further reason that the article 
was labeled so as to deceive and mislead the purchaser, since the articles were 
not fruit-flavored sirups but were imitations, and the word "imitation " was not 
borne on the labels of the containers. Misbranding was alleged for the further 
reason that the articles were imitations of other articles and were offered for 
sale under the distinctive names of such other articles, since the apricot sirup 
contained* no apricot, the blackberry sirup was not flavored with, blackberry, 
and the cherry sirup contained no true cherry flavor.
On March 10, 1934, the defendants entered pleas of guilty, and the court 
imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.