28558. Misbranding of blended lemon juice and orangeade grenadine.    IT. S. v.
20 Bottles of Blended Lemon Juice, et al. Default decree of con- 
demnation and destruction. (F. & D. No. 41629. Sample Nos. 7702-D, 
7703-D.)
These products were labeled to indicate that they were lemon juice and 
orangeade grenadine, respectively; whereas the former contained from 25 to 
35 percent of lemon juice with added citric acid and the latter contained little, 
if any, fruit juice. Both contained sodium benzoate in excess of the amount 
declared.
On February 4, 1938, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 60 bottles of the products, 
hereinafter described, at Weehawken, N. J., alleging that they had been shipped 
in interstate commerce on or about December 24, 1937, from New York, N. Y., 
by the Original Sunkist Orangeade Sales Co., and charging misbranding in 
violation of the Food and Drugs Act. The articles were labeled in part: "Pure 
Blended Lemon Juice * * * [or "Sunkist Orangeade Grenadine"] * * * 
California Sunkist Products Co., New York, N. Y."
They were alleged to be misbranded in that they were imitations of and were 
offered for sale under the distinctive names of other articles; and in that the 
following statements were false and misleading and tended to deceive and 
mislead the purchaser when applied to blended lemon juice and orangeade 
grenadine, respectively (the former consisted of an imitation lemon juice con- 
taining from 25 to 35 percent of lemon juice with added citric acid, and the 
latter of an imitation orangeade grenadine containing little, if any, fruit juice, 
both of which contained 0.043 percent of sodium benzoate) : "100% Pure * * * 
Lemon Juice * * * Contains * * * Natural Citric Acid Made From 
Fresh Lemons * * * Lemonade and Lemon Pies * * * Use * * * 
for all Lemon Juice Purposes; for * * * Lemon Pies Lemonade, * * * 
California Blend is 100% Pure * * * Contains 1/10 of 1% Sodium Ben- 
zoate * * * 'Our Label Speaks the Truth'"; and "Orangeade Grenadine 
Made from Sunkist Orangeade With three other fruit juices, * * * Con- 
tains    *    *    *    1/10 of 1% Sodium of Benzoate."
On March 23, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the products were ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.