30099, Misbranding of Shake IUng crystals lemon flavor, U. S. v. 124 Cans of
Shake King Crystals. Default decree of condemnation and destruction.
(F. & D. No. 43705. Sample No. 32457-D.)
This product was represented to be a lemon-flavored beverage base, but was
essentially an artificially colored mixture of tartaric acid and glucose with
little or no flavor of lemon.
On September 7, 1938, the United States attorney for the Northern Dh:;trict
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of 124 cans of the
above-named product at Chicago, Ill.; alleging that the article had been shipped
in interstate commerce on or about June 2!4 and 27, 1938, by General Desserts
Corporation from New York, N. Y.; and charging misbranding in violation
42 FOOD AND DRUGS ACT [N. J.,F.D.
of the Food and Drugs Act. The article was labeled in part : "Distriibuted
by Shake King Corp. • * • Chicago, Ill."
It was alleged to be misbranded in that the statements on the label, "Crystals
Lemon Flavor • • • Natural Flavor," were false and misleading and tended
to deceive and mislead the purchaser when applied to an artificially colored
mixture of tartaric acid and glucose with little or no lemon.
On November 29, 1938, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.