27638. Adulteration and misbranding of Grape and Cherry True Fruit Flavors.
U. S. v. 47 Cases of True Fruit Flavors.    Default decree of condemna- 
tion and destruction.    (F. & D. No. 39930.    Sample Nos. 20881-C, 20882-C.)
These products were represented to be true fruit flavors; whereas they were 
artificially colored acid solutions containing artificial flavor, and little or no fruit 
juices.
On July 3, 19S7, the United States attorney for the District of Rhode Island, 
acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 47 cases, each containing—among other 
products—a number of bottles of Grape and Cherry True Fruit Flavors, at 
Providence, R. I., alleging that the articles had been shipped in interstate com-
merce on or about June 2, 1937, by the Highland Importing Co. from Boston, 
Mass., and charging adulteration and misbranding in violation of the Food and 
Drugs Act. The articles were labeled in part: (Bottles) "Polar Bear True 
Fruit Flavor Cherry [or "Grape"] Contains True Fruit Flavor, Natural Fruit 
Acid   *   *    *   Highland Importing Co., Boston, Mass."
They were alleged to be adulterated in that artificially colored acid solutions 
and artificial flavor containing little or no fruit juices had been substituted 
wholly or in part for cherry or grape true fruit flavors, which they purported 
to be; and in that they were mixed and colored in a manner whereby inferiority 
was concealed.
The articles were alleged to be misbranded in that the following statements on 
the labels were false and misleading and tended to deceive and mislead the 
purchaser, "True fruit flavor Cherry [or "Grape"] * * * True Fruit Fla- 
vors" ; and in that they were imitations of and were offered for sale under the 
distinctive names of other articles, namely, cherry or grape true fruit flavors.
On August 11, 1937, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.