1393. Adulteration and misbranding of lemon flavor.    U. S. v. 96 Packages of
Lemon Flavor.    Default decree of condemnation and destruction.     (F.
D. C. No. 2175.    Sample No. 10296-B.)
This product was labeled to indicate that it was a substitute for lemon 
juice. It was contained in two bottles marked A and B and so joined as to be 
used together. Bottle A contained a turbid, artificially colored 50-percent 
solution of citric acid, and bottle B contained lemon extract. No fruit juice 
was present in either. The statement of the quantity of the contents on the 
carton was covered by a sticker. Bottle B was paneled and had thick glass 
and an elongated neck, which made it appear to contain more than 1 fluid ounce ; 
whereas it had an actual capacity of Mi fluid ounce and furthermore was 
not more than one-third filled.
On June 6, 1940, the United States attorney for the District of New Jersey 
filed a libel against 96 packages of lemon flavor at Newark, N. J., alleging 
that the article had been shipped in interstate commerce on or about April 
29, 1940, by the One-Two-Three Co., Inc., from New York, N. Y.; and charging 
that It was adulterated and misbranded.   It was labeled in part:  (Package)
"1-2-3 Lemon Flavor [design of a cut lemon and drops of lemon juice] The 
Perfect Lemon Flavoring."
The article was alleged to be adulterated in that a substance consisting 
of lemon extract and a turbid, artificially colored solution of citric acid 
had been substituted wholly or in part for lemon flavor.
It was alleged to be misbranded in that the statement "Lemon Flavor * * * 
The perfect lemon flavoring" and the design of a cut lemon and drops of lemon 
juice were false and misleading as applied to a substance consisting of lemon 
extract and a turbid, artificially colored solution of citric acid. It was alleged 
to be misbranded further in that it was an imitation of another food, namely, 
concentrated lemon juice; 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.
It was alleged to be misbranded further in that its container was so made, 
formed, or filled as to be misleading; in that it was in package form and did 
not bear an accurate statement of the quantity of the contents; in that it was 
fabricated from two or more ingredients and did not bear the common or usual 
name of each such ingredient; and in that it contained artificial flavoring 
and artificial coloring and its label did not state that fact.
On January 31, 1941, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.