1203. Misbranding and alleged Adulteration of Grape Punch Base.    V. S. v. 99
Cases of Grape Punch Base. Consent decree of condemnation. Product 
ordered released under bond for relabeling. (F. D. C. No. 2720. Sample 
No. 14371-E.)
This product was labeled to indicate that it contained a substantial amount of 
grape juice or concentrated grape juice. It consisted, however, of an artificially 
flavored and colored imitation beverage base containing less than 5 percent of 
grape juice or its equivalent in concentrated grape juice. A beverage made from 
it according to the directions in the labeling would contain less than 1 percent of 
grape juice. It was also short of the declared volume, and failed to comply with 
certain other labeling requirements of the law.
On August 30, 1940, the United States attorney for the Eastern District of 
Pennsylvania filed a libel against 99 cases of grape punch base at Philadelphia, 
Pa., alleging that the article had been shipped in interstate commerce on or about 
June 15, 1940, by the Empire Freight Co. from Los Angeles, Calif.; and charging 
that it was adulterated and misbranded. This article was merchandise of E. A. 
Silzle Co. included in a pool shipment of the Empire Freight Co. It was labeled in 
part: (Cans) "Citra-Gold 5 to 1 Grape Punch Base * * * Packed by E. A. 
Silzle Corp., Anaheim, California."
The article was alleged to be adulterated in that an artificially flavored and arti- 
ficially colored imitation grape punch base containing little or no grape juice or 
concentrated grape juice had been substituted wholly or in part for "Grape Punch 
Base," an article containing a substantial amount of grape juice or concentrated 
grape juice, which it purported to be; in that its inferiority had been concealed 
by the addition of artificial flavor and color; and in that artificial flavor and arti- 
ficial color had been added to the article so as to reduce its quality and make it 
appear better or of greater value than it was.
The article was alleged to be misbranded in that the design of a cluster of 
grapes and the statements "Grape Punch Base * * * Concentrated Concord 
Grape Juice * * * Grape Flavor * * * Grape Punch" on the can label 
were false and misleading as applied to an artificially flavored and artificially 
colored imitation grape punch base containing little or no grape juice or con- 
centrated grape juice.
It was alleged to be misbranded further in that the statement "Net Contents 
5% Fl. Oz." was false and misleading since it was incorrect; in that it was in 
package form and the package did not bear an accurate statement of the quantity 
of the contents since the package contained less than the declared amount; and 
in that it was offered for sale under the name of another food, namely, "Grape
Punch Base"; in that it was an imitation of another food, namely, grape punch 
base, and its label did not bear, in type of uniform size and prominence, the word 
"imitation," and immediately thereafter, the name of the food imitated; in that 
it was fabricated from two or more ingredients, and in that it contained artificial 
flavor which was not declared in the labeling.
On October 1, 1940, the B. A. Side Corporation, claimant, having admitted the 
allegations of the libel, judgment was entered finding the product misbranded and 
ordering that it be condemned but that it might be released under bond conditioned 
that it be properly relabeled.