5405. Adulteration and misbranding of orangeade concentrate.    U. S. v. 2 Cases
of Orangeade  Concentrate.    Default decree of condemnation.    Product 
ordered  destroyed  or delivered to  a charitable institution.    (F.  D. C
No. 10417.   Sample No. S1189-F.)
On August 28,1943, the United States attorney for the District of Oregon filed 
a libel against 2 cases, each containing 12 bottles, of orangeade concentrate, at 
Portland, Oreg., alleging that the article had been shipped on or about June 18, 
1943, by the Pixie Flavor Base Co. from Los Angeles, Calif.; and charging that 
it was adulterated and misbranded. The article was labeled in part: (Bottle) 
"Pixie Natural Orangeade Concentrate * * * Directions: Mix 1 quart Con- 
centrate with   *   *   *   to make 1 gallon of Orangeade Syrup."
The article was alleged to be adulterated in that an artificially colored mixture 
consisting essentially of water, acid, and orange pomace flavored with orange 
oil and orange juice, had been substituted for "Natural Orangeade Concentrate," 
which should contain only orange juice or concentrated orange juice; in that 
inferiority had been concealed by the addition of artificial color; and in that 
artificial color had been added thereto, or mixed or packed therewith, so as to 
make the product appear better or of greater value than it was.
It was alleged to be misbranded in that the name "Natural Orangeade Con- 
centrate," coupled with the design of an orange and the statements under "Direc- 
tions," were false and misleading since they implied that the product would 
make orangeade when diluted according to the directions, whereas it would 
not make orangeade; in that it was an imitation of another article of food, 
orangeade.base, and its label failed to bear, in type of uniform size and. prom- 
inence, the word "imitation" and immediately thereafter the name of the food 
imitated; and in that it was fabricated from two or more ingredients and the label 
) failed to bear the common or usual name of each such ingredient, since the 
/ presence of water and orange pomace were not declared.
On October 5, 1943, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed or delivered to some charitable 
institution.