80274. Adulteration and misbranding of Punch-Ade.   V. S. v. 21 Cases of Punch-
Ade.    Default decree  of condemnation and destruction.     (F.  & D.  No.
39883.   Sample Nos. 21001-C to 21007-C, inclusive.)
These products were labeled to convey the impression that they could be 
used as bases for fruitade. Examination showed that they were artificially 
colored acid solutions containing little or no fruit juices; that some contained 
citrus-oil flavor and others, artificial flavor.
On June 21, 1937, the United States attorney for the District of Vermont, act- 
ing upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 21 cases of Punch-Ade of assorted 
flavors at White River Junction, Vt.; alleging that the articles had been shipped 
in interstate commerce on or about April 26 and 27, 1937, by Snow Crest Bever- 
ages, Inc., from Salem, Mass.; and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The articles were labeled in part: "Beats 
All Punch-Ade   *   *    *    Snow Crest, Salem, Mass."
They were alleged to be adulterated in that artificially colored acid solutions, 
containing artificial flavor or citrus-oil flavor, and little or no fruit juices, had 
been substituted wholly or in part for the articles; and in that they had been 
mixed and colored in a manner whereby inferiority was concealed.
They were alleged to be misbranded in that the following statements in the 
labeling were false and misleading and tended to deceive and mislead the pur- 
chaser when applied to articles that contained little or no fruit juices, "Purch- 
ase Raspberry [or "Cherry," "Grape," "Strawberry," "Orange," "Lemon," or 
"Lemon-Lime"] Flavor"; and in that they were imitations of other articles.
On August 29, 1938, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.