28066. Adulteration and misbranding of lemon juice flavor. U. S. v. 39 Jugs of 
Lemon Juice Flavor.    Default decree of condemnation and destruction.
(F. & D. No. 40253.   Sample No. 38187-C.)
This product was an artificially colored and flavored acid solution containing 
no fruit juice, and was labeled to convey the impression that it was lemon 
juice.   It was also short in volume.
On September 7, 1935, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 39 jugs of lemon juice flavor 
at Newark, N. J., alleging that the article had been shipped in interstate com- 
merce on or about August 17, 1937, by Sunkist Fruit Juice Co. from the Bronx, 
N Y., and charging adulteration and misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: (Carton) "Sunkist 
Lemon-Mixer Flavor * * * Made by Sunkist Fruit Juice Co. New York"; 
(jug) "Sunkist Lemon Juice Flavor";  (blown into jug) "Full Gallon."
It was alleged to be adulterated in that it was mixed and colored in a man- 
ner whereby inferiority was concealed.
It was alleged to be misbranded in that the statements in the labeling, 
(carton) "Lemon Mixer" and (jug) "Lemon juice * * * Used wherever 
lemons are required Made With Fresh Fruit * * * Superior Quality," 
were false and misleading and tended to deceive and mislead the purchaser 
in that they implied that the article was pure lemon juice, whereas it was 
not pure lemon juice but was an artificially colored and flavored acid solution 
containing no fruit juice; in that the statement blown into the jug, "Full 
Gallon," was false and misleading and tended to deceive and mislead the pur- 
chaser when applied to an article that was short in volume; in that the article 
was an imitation of and was offered for sale under the distinctive name of 
another article, namely, lemon juice; and in that it was food in package form 
and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package since the quantity stated was not correct.
On October 26, 1937, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BEOWN, Acting Secretary of Agriculture.