27453. Adulteration and misbranding of Frute-Ade. U. S. v. 624 Dozen Bottles, 
Assorted Flavors, of Frute-Ade. Default decree of condemnation and 
destruction.     (F. & D. no. 39575.    Sample nos. 35070-C to 35076-C, incl.)
These products were labeled to convey the impression that they derived their 
fruit characteristics from fruit juices. Examination showed that they con- 
sisted essentially of acid solutions and artificial colors; and that the grape, 
strawberry, cherry, and raspberry varieties contained artificial flavors. All 
products were short in volume.
On May 8, 1937, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 624 dozen bottles of 
assorted flavors of Frute-Ade at Philadelphia, Pa., alleging that the article 
had been shipped in interstate commerce on or about April 17, 1937, by the 
Atlantic Food Packing Co., from Trenton, N. J., and charging adulteration and 
misbranding in violation of the Food and Drugs Act. All varieties were labeled 
in part: "2y2 F. Ozs. Frute-Ade * * * Atlantic Food Packing Co. Trenton, 
N. J." The labels of the grape, strawberry, cherry, raspberry, and lemon va- 
rieties bore the statement, "Certified Color, flavor and fruit acid added"; and 
those of the "Pure Lemon Lime" and "Pure Orange" bore the statement "Cer- 
tified Color and fruit acid added."
The articles were alleged to be adulterated in that mixtures of acid solutions 
and artificial colors, the grape, strawberry, cherry, and raspberry varieties 
containing artificial flavors and little or no juices of the fruits named, had been 
substituted for Frute-Ade, a beverage which derives its fruit characteristics 
from fruit juices, which the articles purported to be.
All flavors of the articles were alleged to be misbranded in that the state- 
ments "Frute-Ade" and "2% I. Ozs.", borne on the labels, were false and 
misleading and tended to deceive and mislead the purchaser when applied to 
articles containing acid solutions and artificial colors, and which were short 
volume. The grape, strawberry, cherry, and raspberry varieties only were 
alleged to be misbranded further in that the statements, "Grape Flavor", 
"Strawberry Flavor", "Cherry Flavor", and "Raspberry Flavor", were false 
and misleading and tended to deceive and mislead the purchaser when applied 
to articles containing artificial flavors with little or no juices of the fruits 
named on the labels.
On June 9, 1937, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.