27323. Adulteration and misbranding of Orange Mixer, Lemon Goektall Mixer,
and Lime Cocktail Mixer. TT. S. v. Nineteen 1-Gallon Bottles and 6 
Gases of Orange Mixer, et al. Default decree of condemnation and 
destruction.     (F. & D. no. 39323.    Sample nos. 27024-C, 27025-C, 27676-C.)
These products were labeled to convey the impression that they consisted 
essentially of fruit juices, whereas they contained little or no fruit juices.
On or about April 5, 1937, the United States attorney for the District of Con- 
necticut, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 118 gallon bottles and 356 
8-ounce bottles of the above-named products at Hartford, Conn., alleging that 
they had been shipped in interstate commerce on or about March 12, 1937, by the 
Elby Extract Co. from New York, N. Y., and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The articles were labeled 
in part: "Elby Orange Mixer [or "Lemon Cocktail Mixer" or "Lime Cocktail 
Mixer"]    *    *   *   Elby Extract Co., Inc., New York, N. Y."
The articles were alleged to be adulterated in that artificially colored mixtures 
of water, citrus oils, and acid had been substituted wholly or in part for them; 
and in that they had been mixed in a manner whereby inferiority was concealed.
They were alleged to be misbranded in that the word "Orange" and the de- 
sign of an orange, the design of lemons and the statement "Lemon * * * 
Contains juice of tree ripe lemons", and the design of limes and the statement 
"Limes * * * Contains juice of tree ripe limes", borne on the labels, were 
false and misleading and tended to deceive and mislead the purchaser when 
applied to articles that consisted essentially of water, artificial color, citrus 
oils, and citric acid with little or no fruit juice; and in that they were imitations 
of other articles.
On June 14, 1937, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the products be destroyed.
H. A. WALLACE, Secretary of Agriculture.