24837. Adulteration and misbranding of ginger ale and ginger ale sirup,    U. S.
v. Buffalo Rock Co.    Plea of guilty.    Fine, $50.    (F. & D. no. 33951. 
Sample nos. 61894-A, 11551-B.)
This case was based on interstate shipments of ginger ale sirup and ginger 
ale that contained added caffeine.
On April 6, 1935, the United States attorney for the Northern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Buffalo Rock Co., a corporation, 
Birmingham, Ala., alleging shipment by said company in violation of the Food 
and Drugs Act on or about January 23 and July 14, 1934, from the State of 
Alabama into the State of Mississippi of quantities of ginger ale sirup and 
ginger ale, which were adulterated and misbranded. The articles were labeled 
in part: "Buffalo Rock Ginger Ale Syrup [or "Buffalo Rock Pale Ginger 
Ale"]    *    *    *   Buffalo Rock Company Birmingham, Alabama."
The articles were alleged to be adulterated in that caffeine had been sub- 
stituted in part for the articles.
Misbranding was alleged for the reason that the unqualified statement, 
"Ginger Ale Syrup", with respect to the sirup, and the statement "Ginger 
Ale", unqualified by any word other than "Pale" and "Extra Dry" with 
respect to the ginger ale, 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, since the said statements represented that they con- 
sisted solely of ginger ale sirup or ginger ale; whereas they did not so con- 
sist, but did consist In part of caffeine.
On August 9, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $50.
W. R. GREGG, Acting Secretary of Agriculture.