29264. Adulteration and misbranding of Lund's Magic of the Grape. V. S. v. C. 
Harrison Lund (Lund's Grape Juice Co.). Plea of nolo contendere. 
Fine of SHO on each of counts 1, 2, and 3; probation on remaining 
counts. (F. & D. No. 39778. Sample Nos; 17941-C, 20225-C, 27497-C, 
27522-C, 27523-C, 28641-C.)
This product was labeled to indicate that it was composed essentially of 
grape juice; whereas ii consisted of water, dextrose, mineral matter, and only 
20 percent to 33% percent of grape juice. Its labeling also bore false and 
fraudulent curative and therapeutic claims.
On November 10, 1937, the United States attorney for the Western District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against C. Harrison Lund, trading as Lund's 
Grape Juice Co., Erie, Pa., alleging shipment by said defendant in violation of 
the Food and Drugs Act as amended, within the period from on or about Jan- 
uary 21, 1937, to on or about March 31, 1937, from the State of Pennsylvania 
into the States of New York and Massachusetts of quantities of Lund's Magic 
of the Grape, which was adulterated and misbranded. The article was labeled 
in part: "Lund's Grape Juice Co. Erie, Pa."
Analyses showed that it was a diluted grape juice containing dextrose and 
added mineral salts, certain of the samples examined containing about one- 
third grape juice and the remaining samples containing about 20 percent of 
grape juice.
The article was alleged to be adulterated in that water, dextrose, and mineral 
matter had been mixed and packed with it so as to reduce, lower, and injur- 
iously affect its quality and strength. It was alleged to be adulterated further 
in that a mixture of water, dextrose, and mineral matter which contained in 
certain instances approximately 20 percent of grape juice, and in others ap- 
proximately 33% percent of grape juice, had been substituted in whole or in 
part for a product composed essentially of grape juice, which it purported to be.
The article was alleged to be misbranded in that the following statements, 
(circular, all lots) '^Lund's Magic of the Grape * * * is pure natural food 
which does not require digestion. * * * ? two or three quarts of Lund's per 
day furnishes energy for all usual occupation. * * * Lund's Grape Juice 
Co.," (bottle label, all lots) "Magic of the Grape Prepared from the pure juice 
of U. S. No. 1 ripe Concord Grapes exclusively processed to preserve the 
grape tartrates * * *. Lund's served in 2% ounce fruit-juice glasses at 
meals and as a refreshment between meals, is economical fruit. * * * The 
skins are discarded as you discard them in the usual process of eating grapes, 
so that the cloudy purple coloring, which consists of compounds of tannic 
acid that disturb digestion, is eliminated. It offers the convenience of pouring 
your morning fruit from a bottle and has the same delicate flavor as the juice 
that flows into your mouth when you break a fresh ripe grape between your 
lips," (additional circular, certain lots) "Lund's Magic of the Grape is prepared 
from cold pressed natural color grape juice with grape sugar and no cane 
sugar. * * * It is so rich in grape sugar, which is the normal blood con- 
stituent from which nearly all energy is derived, that no other food is required 
for ordinary activities during a fast. * * * Lund's Grape Juice Co.," to- 
gether with the device and design of grapes borne on the bottle label, were 
false and misleading and were borne on the labeling so as to deceive and mis- 
lead the purchaser since they represented that the article was essentially a 
grape product, namely, a product prepared from pure juice of U. S. No. 1 ripe 
Concord grapes; whereas it was not as represented but consisted of a mixture 
of water, dextrose, and mineral matter containing approximately 20 percent 
in certain lots and approximately 33% percent in other lots of grape juice. It 
was alleged to be misbranded further in that it was prepared in imitation of an 
article composed essentially of grape juice and was offered for sale and sold 
under the distinctive name of another article, grape juice. It was alleged to be 
misbranded further in that certain statements, designs, and devices in the 
labeling falsely and fraudulently represented that it was effective to mildly 
stimulate the internal organs; effective as a treatment and relief for those 
who are ill; effective to maintain energy during a period of fast; effective for 
every aggravated ailment and as a first treatment for all chronic ailments; 
104078—38 2
effective to rid the blood and tissues of poisons and wastes, as a preparation 
for diagnosis and treatment, and to eradicate the ailment; effective as an aid 
to recuperation and to control chronic conditions; effective as a relief for 
stomach, liver, kidney, intestine, lung, or bladder trouble, rheumatism, emacia- 
tion, overweight, sleeplessness, cancer and any other sickness; effective to 
insure more firm and regular pulse, easier heart beat, more normal blood 
pressure and temperature, easier breathing, less inflammation, more regular 
and less painful kidney and bowel action, more restful sleep, more normal 
skin, less congestion of mucous membranes and reduction of pains in muscles 
and joints; effective as a treatment for congestion, inflammation of acute kinds, 
night rising, and insomnia; effective to eliminate poisons and wastes when 
accompanied with nausea and vomiting, headaches, plugging, and heaviness 
in eyes, mind, and muscles; effective to increase nerve and brain energy and 
to control health; and effective as a health food.
On May 31, 1938, a plea of nolo contendere having been entered on behalf 
of the defendant, the court imposed a fine of $10 on each of counts 1, 2, and 3, 
with costs, and ordered that the defendant be placed on probation for a period 
of 2 years on the remaining counts 4 to 18, inclusive.
M. L. WILSON, Acting Secretary of Agriculture.