3003. Adulteration and misbranding of grape punch base.    U. S. v. 36 Cases' of;
Grape  Punch  Base.     Default  decree  of  condemnation  and  destruction.
(F. D. C: No. 6371.   Sample Nos. 61092-E, 85530-E.)
This product was an artificially flavored and artificially colored imitation 
grape punch base containing less than 5 percent of grape juice or its equivalent 
in concentrated form. It was also short of the declared volume and misbranded 
further as indicated hereinafter.
On December 12, 1941, the United States attorney for the Western District of 
Washington filed a libel against 36 cases of,
, grape punch base at Seattle, Wash., 
alleging that the article had been shipped in interstate commerce on or about 
July 9,1940, by the E. A. Silzle Corporation, from Anaheim, Calif.; and charging 
that it was adulterated and misbranded. < The article was labeled in part: 
"Citra-Gold 5 to 1. Grape Punch Base."
It was alleged to be adulterated in that a substance, namely, an artificially 
flavored and artificially colored imitation grape punch base" which did not 
contain a substantial amount of 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; in that its 
inferiority had been concealed by the addition of artificial flavor and artificial 
color; and in that artificial flavor and artificial color had been added thereto 
so as to reduce* its quality and make it appear better or of greater value 
than it was.     , 
It 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," borne on the 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 concentrated 
grape juice; in that the statement "Net Contents 5% Fl. Oz." was false and 
misleading since it was incorrect; 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 in package form and did not bear 
an accurate statement of the quantity of the "contents; and in that it contained 
artificial flavoring and failed to bear labeling stating that fact.
On March 30, 1942, no claimant having appeared, judgment of condemnation 
was entered and the/productwas ordered destroyed. .       ,