3838. Adulteration and misbranding of flavoring sirups.     U. S. v. 11 Bottles, 6
Bottles, 36 Bottles, and 13 Bottles of Sirups. Default decree of con- 
demnation and destruction. (F. D. C. No. 3537. Sample Nos. 46008-B 
to 46011-E, incl.)
Three of these sirups were imitation cherry, grape, and vanilla sirups con- 
taining artificial color and flavor and the fourth was a sugar solution containing 
skimmed milk and a cacao product, probably cocoa, labeled as "Milk Chocolate 
Flavor Syrup."
On December 18, 1940, the United States attorney for the District of New 
Jersey filed a libel against 65 bottles of sirups at Bayonne, N. J., alleging that the 
articles had been shipped on or about October 25 and November. 8, 1940, by Well 
Maid Products Co. from New York, N. Y.; and charging that they were adulterated 
and misbranded. They were labeled in part: "Cherry [or "Grape," "Milk Choco- 
late," or "Vanilla"] Flavor Syrup * * * Colonial-Maid Fruits and Syrups 
*    *    *    Manufactured For Colonial Candy Co.    *¦   *    *   Bayonne, N. J."
The articles were alleged to be adulterated: (1) (Cherry and'grape flavor 
sirups) In that artificially colored and flavored sugar solutions with added 
citric acid, containing little, if any, fruit juice, had been substituted wholly or 
in part for Compound Cherry Flavor Syrup and Grape Flavor Syrup, which they 
purported to be. (2) (Milk chocolate flavor sirup) In that a heavy sugar solution 
containing some skimmed milk and a cacao product, probably cocoa, had been 
substituted wholly or in part for Milk Chocolate Flavor Syrup, which it purported 
to be. (3) (Vanilla flavor sirup) In that an artificially colored and flavored 
sugar solution containing little, if any, vanilla extract, had been substituted 
wholly or in part for Compound Vanilla Flavor Syrup, which it purported to 
be. (4) (Cherry, grape, and vanilla flavor sirups) In that inferiority had been 
concealed by the use of artificial color and flavor. (5) (Cherry, grape, and 
vanilla flavor sirups) In that artificial color and flavor had been added thereto 
or mixed or packed therewith so as to reduce their quality, or make them 
appear better or of greater value than they were.
They were alleged to be misbranded: (1) In that the following statements 
were false and misleading since they were incorrect, "Compound Cherry Flavor 
Syrup," "Grape Flavor  Syrup,"  "Milk Chocolate  Flavor  Syrup,"  "Compound
Vanilla Flavor Syrup Prepared with pure cane sugar, compound Vanilla extract 
and caramel color," and (all lots) "Fruits and Syrups Made from Choice fruits 
and pure cane sugar [design of fruits]." (2) (Cherry, grape, and vanilla flavor 
sirups)' In that they were imitations of other foods and their labels failed to 
bear in type of uniform size and prominence the word "imitation" and immedi- 
ately thereafter the name of the food imitated. (3) (Grape flavor sirup only) 
In that it was fabricated from two or more ingredients and failed to bear the 
common or usual name of each ingredient.
On April 18, 1941, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.