5805. Adulteration and misbranding of orangeade. U. S. v. 71 Cases of· Orange
· Ade. Default decree of condemnation. Product ordered delivered to
charitable institutioru1. (F. D. C. No. 11081. Sample No. 41582-F.)
LIBEL FILED: November 9, 1943, Southern District of Alabama.
ALLEGED ,SHIPMENT: On or about September 10, 1943, by the Sun-Rich Products
Co., New Orleans; La.
PRODUCT: 71 cases, each containing 12 half-gallon jars, of orangeade' at Mobile,
Ala. -
LABEL, IN PART: ''Sun-Glow Orange Ade."
VIOLATIONS .CHARGED: Adulteration, Section 402 (b) (2), an artificially colored
and acidulated liquid, sweetened with sugar and flavored with orange oil, containing
orange pomace, a very small amount of orange juice, and ali insignificant
amount of vitamins, had been substituted in whole or in part for "Orange Ade
Rich in Vitamins" ; Section 40'2 ( b) ( 3) , inferiority had been concealed by
the use of color, orange oil, and added ·acid; and, Section 402 (b) ( 4), color,
orange oil, and acid had been added to or mixed or packed with the article
so as to make it appear better or of greater value than it was.
Misbranding, Section 403 (a), the statements, ''Orange Ade Made From
Fresh Ripe Fruit * * * Rich In Vitamins Contains the juice of fresh
California oranges," were false and misleading as applied to a product containing
very little orange juice and an insignificant amount of vitamins; and,
Section 403 ( c), it was an imitation of another food, orangeade, and its label
failed. to bear, in tn>e of uniform size and prominence, the word "imit~ti._on" and,
immediately thereafter, the name of the food imitated.
DISPOSITION: December 28, 1943. No claimant having appeared, default decree
of condemnation was entered, and the product was ordered distributed to
charitable institutions.