5404. Adulteration and misbranding of orange drink.    IT. S. v. 24 Gases of "Bavar- 
ia Orange Drink" (and 4 additional seizure actions against Flavorick 
Orange Drink). Default decree of condemnation. Portions of product 
ordered destroyed and remainder ordered delivered to welfare organi- 
zations. (F. D. C. Nos. 10172, 10173, 10188, 10201. Sample Nos. 9619-F, 
41062-F, 41063-F, 41244-F.)
On July 2, 3, 6 and 12,1943, the United States attorneys for the Eastern District 
of Louisiana and the Southern District of Alabama filed libels against the follow- 
ing lots of Flavorich Orange Drink: 24 cases and 23 bottles at New Orleans, La.," 
and 419 cases at Mobile, Ala.; alleging that the article had been shipped in 
interstate commerce within the period from on or about April 30 to June 4,1943, by 
the Flavorich Juice Co., from Memphis, Tenn.; and charging that it was adulter- 
ated and misbranded.
The article was alleged to be adulterated (1) in that a valuable constituent 
sugar, had been in whole or in part omitted therefrom; (2) in that saccharin 
had been substituted for material amounts of sugar; and (3) in that a substance, 
saccharin, having no food value, had been added to it or mixed or packed with 
it so as to reduce its quality or strength.
It was alleged to be misbranded in that the statements, "Contains Orange 
Juice, Water, Cane Sugar, Corn Syrup. Acidified with Lemon Juice, U. S. 
Certified Color and Less Than One Twentieth of 1% Sodium Benzoate," borne:
on the label, was false and misleading as applied to an article containing saccha- 
rin a non-nutritive substance. 
'   On August 14 and October 25, 1943, no claimant having appeared, judgments
of condemnation were entered.   The lots located at New Orleans, La., were
ordered destroyed, and those located at Mobile, Ala., were ordered delivered to
welfare organizations.