5803. Misbranding of imitation grape base, U.S. v. 31 .Cases of Imitation Grape
Base. Decree of condemnation., Product ordered rele'ased under bond
. to be brought into compliance with the law. (F. D. C. No. 10527. Sample
Nos .. 28988-F, 35703-F.) ·
LIBEL FILED: September 2, 1943, Northern District of Georgia. .-
.AL!.E:GED_ SHIPMENT: On or about J~ly 3, 1943, by Roller's Concentrated Beverages,(
Miami, Fla. . . . . _
PRODUCT: 31 -cases, each containing 12 bottles, of imitation grape base at Atlanta,
Ga.
LABEL, IN PART: (Bottle) "Sexton's Contents 1 Pint Imitation Grape Base
· * * * packed for John Sexton & Co. Distributors Chicago-Brooklyn."
VIOLATIONS Ga:ARGED: Misbranding, Section 403 (a), iI). that the statement
"Contents 1 Pint" was false and misleading as applied to an article that was
short volume; and, Section 403 ( e) (2), in that the article was in package
form and failed to bear a label containing an accurate statement of the quantity
of the contents. · · · · ·
PISPOSITION: November 22, 1943. A. M. Lerner, J. Carter Hollis, Thelma Hollis,
·· and .Tacob'Lerner, doing business as Roller's Concentrated Beverages, claimants,
having admitted the allegations of the libel, judgment of condemnation
was entered and the product was . ordered released under bond to be. brought
into compliance with the law under the supervision of the Food and Drug
Administration.