22207. Adulteration and misbranding of Old English Punch Maker.    U. S.
v. 664 Packages of Old English Punch Maker. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. no. 31022. 
Sample nos. 37097-A, 54822-A.)
This case involved a product labeled to convey the impression that when used 
as a beverage base it would give the distinctive flavor of strawberry or rasp- 
berry. Examination showed that the articles contained undeclared artificial 
color and that when used as directed did not possess the flavors of the said 
fruits. Examination also showed that the statement of the quantity of the 
contents was not clear and distinct.
On or about March 8, 1934, the United States attorney for the District of 
Oregon, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 664 packages of Old 
English Punch Maker at Portland, Oreg., alleging that the article had been 
shipped in interstate commerce by the Western Sales Corporation from Seattle, 
Wash., in various shipments, on or about June 1, July 20, and August 10, 1933, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act as amended. The articles were labeled: " Old English Punch Maker Rasp- 
berry [or "Strawberry"]."
It was alleged in the libel that the article was adulterated in that artificially 
colored mixtures of sugar and acid containing no fruit flavor, or a negligible 
amount of fruit flavor, had been substituted for a beverage base containing 
fruit flavors, and 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 statements on the carton 
and in the circular, "Punchmaker Strawberry [or "Raspberry"] Flavor", 
were false and misleading and deceived and misled the purchaser.   Misbranding
was alleged for the further reason that the articles were imitations of and 
were offered for sale under the distinctive names of other articles, and for the 
further reason that they were in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the packages.
On April 5, 1934, 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.
M. L. WILSON, Acting Secretary of Agriculture.