28061. Adulteration and misbranding of fruit flavors.    U. S. v. 24 Cases of Tru-
Fruit Swans Down Ade (and two other seizure actions). Default de- 
crees of condemnation and destruction. (F. & D. Nos. 40167, 40268, 
40269. Sample Nos. 46584-C, 46585-C, 46586-C, 46597-C, 46598-C, 46708-C, 
46709-C, 46711-C to 46714-C, incl.)
These products were labeled to indicate that they were fruitade bases, 
whereas portions consisted of artificially colored mixtures of water, sugar, and 
acid, containing artificial flavor or citrus-oil flavor and little or no fruit juice; 
and the remainder consisted of sirupy liquids containing acid, water, artificial 
color, and artificial flavor. The quantity of the contents of the former was 
declared in terms of weight instead of volume.
On August 27 and September 13, 1937, the United States attorneys for the 
Western District of New York and the Northern District of Ohio, acting upon 
reports by the Secretary of Agriculture, filed in their respective district courts 
libels praying seizure and condemnation of 24 cases of Swans Down Ade at 
Rochester, N. Y., and 57 cartons of Thirst Ade at Youngstown, Ohio, alleging 
that the articles had been shipped in interstate commerce on or about April 
13 and June 7 and 11, 1937, by the R. C. Meyer Co. from Pittsburgh, Pa., 
and charging adulteration and misbranding in violation of the Food and 
Drugs Act as amended. A portion was labeled: (Bottles) ,'Tru-Fruit 
Swans Down Ade * * * Net Wt. 1V2 Oz. R. C. cheer Co., Pittsburgh, 
Pa." The remainder was labeled: "Thirst Ade * * * Household Specialty 
Co. Pittsburgh, Pa."
The articles were alleged to be adulterated in that they were mixed and 
colored in a manner whereby inferiority was concealed.
The Swans Down Ades were alleged to be misbranded in that the following 
statements on the bottle labels were false and misleading and tended to deceive
and mislead the purchaser when applied to articles that were mixtures of water, 
sugar, acid, artificial color and artificial flavor or citrus-oil flavor, containing 
little or no fruit juice, "Tru-Fruit * * * Ade Cherry [or "Raspberry," 
"Lemon," "Orange," "Lemon-Lime," or "Grape"]"; in that they were imitations 
of and were offered for sale under the distinctive names of other articles, namely, 
cherry, raspberry, lemon, orange, lemon-lime, or grape True-Fruit Ades and 
in that they were food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the package since it 
was declared in terms of weight instead of volume. The Thirst Ades were 
alleged to be misbranded in that the following statements and device in the 
labeling were false and misleading and tended to deceive and mislead the, pur- 
chaser when applied to sweet sirupy liquids containing acid, water, artificial 
color, and artificial flavor, (bottles) "Ade Raspberry [or "Cherry" or "Grape"] 
True-Fruit Flavor * * * Ade Punch * * * Tru-Fruit Ade," (display 
card with portion) "Ade * * * Grape Cherry * * * Raspberry," (display 
card with remainder) "Ade * * * Grape Cherry * * * Raspberry * * * 
True Fruit," and a vignette of fruit which included representations of cherries 
and raspberries; and in that they were imitations of and were offered for sale 
under the distinctive names of other articles, namely, raspberry, cherry, or 
grape true fruit flavors.
On October 15 and October 28, 1937, no claimant having appeared, judgments 
of condemnation were entered and the products were ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.