6805. Adulteration and misbranding of fountain sirups.   U. S. v. 6 Cases of Pine¬
apple Flavored Sirup, 16 Cases of Grape Flavored Sirup, 81 Cases of 
Strawberry Flavored Sirup, 34 Cases of Vanilla Flavored Sirup, 41 Cases 
of Cberry Flavored Sirup, and 12 Cases of Raspberry Flavored Sirup. 
Consent decree of condemnation. Products ordered released under bond 
to be relabeled.    (F. D. C. No. 13040. "Sample Nos. 81735-F to 81740-F, incl.)
LIBEL FILED:   July 31, 1944, District of New Jersey.
ALLEGED SHIPMENT: From on or about April 4 to 21, 1944, by the New York 
Syrup Corporation, from Bronx, N. Y.
PRODUCT:    190 cases, each containing 4   1-gallon bottles, of the above-named
fountain sirups. 
LABEL IN PART:    (Bottles) "Eagle Brand."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (3), (40 cases) inferiority 
had been concealed by the addition of artificial flavoring, and (150 cases) by 
the addition of artificial flavoring and coloring; Section 402 (b) (4), artificial 
flavoring (40 cases), or artificial flavoring and coloring (150 cases), had been 
added to the articles and mixed therewith so as to make them appear better 
and pf greater value than they were.
Misbranding, Section 403 (a), the label statements (150 cases), "Pineapple 
Flavored Syrup," "Grape Flavored Syrup,"  "Strawberry Flavored Syrup,"
"Cherry Flavored Syrup," and "Raspberry Flavored Syrup,." were misleading 
as applied to the articles, which contained artificial flavoring; and (34 case lot) 
the label statement, "Vanilla Flavored Syrup," was false and misleading as 
applied to an artificially flavored sirup; Section 403 (b), (all lots) they were 
offered for sale under the names of other foods; Section 403 (c), (all lots) they 
were imitations of other foods and their labels failed to bear, in type of uniform 
size and prominence, the word "imitation" and, immediately thereafter, the 
name of the food imitated; Section 403 (k), (115 cases) they contained artificial 
flavoring and they failed to bear labeling stating that fact.  
DISPOSITION: September 11, 1944. The New York Syrup Corporation having 
admitted the allegations of the libel, judgment of condemnation was entered 
and the products were ordered released under bond to be relabeled under the 
supervision of the Food and Drug Administration.