7573. Adulteration and misbranding of sirups.    U. S. v. 25 Jugs of Waffle Sirup
and 34 Jugs of Fountain Sirups. Default decree of condemnation. 
Products ordered delivered to charitable institutions. (F. D. C. No. 13776. 
Sample Nos. 82701-F to 82704-F, incl.)
1944, by the H. Cherrnay Corp., from Bronx, N. Y., to Newark, N. J. These 
products were returned to the original shipper by the consignee on or about 
August 8, 1944.
PRODUCT: 25 1-gallon jugs of waffle sirup and 34 1-gallon jugs of fountain 
sirups at Bronx, N. Y.
LABEL IN PART: "Diamond Brand Waffle Syrup," "Cherrnay's Syrup Special 
Diamond Brand Concentrated Orange Syrup," or "Cherrnay's Concentrated 
Syrup Diamond Brand Grape [or "Cherry"]."
VIOLATIONS CHARGED: Fountain sirups, adulteration, Section 402 (b) (1), valu- 
able constituents of the articles had been in part omitted; and, Section 402 
(b) (2), orange-flavored sirup had been substituted in whole or in part for 
concentrated orange sirup; an artificially flavored and colored mixture of sugar
' and water, containing an insignificant amount of grape juice, had been substi- 
tuted in whole or in part for concentrated grape sirup; and an artificially 
flavored and colored mixture of sugar or sugars, water, and an insignificant 
amount of cherry juice, had been substituted in whole or in part for concentrated 
cherry sirup. Misbranding, Section 403 (a), the names, "Concentrated Orange 
Syrup," "Concentrated Syrup * * * Grape * * * The juice of Se- 
lected Grapes, Flavor," and "Concentrated Syrup * * * Cherry * * * The 
juice of Selected Cherries, Flavor * * *," and the vignette of fruit on the 
label of the cherry flavor, were false and misleading; Section 403 (i) (2), the 
. articles were fabricated from two or more ingredients and their labels failed to 
bear the common or usual name of each ingredient; and, Section 403 (e), (grape 
and cherry sirups only) the articles were imitations of other foods, and they 
failed to bear, in type of uniform size and prominence, the word "imitation" 
and, immediately thereafter, the names of the foods imitated.
Waffle sirup, adulteration, Section 402 (b) (4), artificial flavoring and arti- 
ficial coloring had been added to and mixed or packed with the article so as to 
make it appear better and of greater value than it was. Misbranding, Section 
403 (c), the article was an imitation of maple sirup, and its label failed to bear, 
in type of uniform size and prominence, the word "imitation?' and, immediately 
thereafter, the name of the food imitated; Section 403 (f), the statement of 
the quantity of the contents was not prominently placed on the label with such 
conspicuousness, as compared with other words, statements, designs, or devices, 
as to render it likely to be read by the ordinary individual under customary 
conditions of purchase and use, since the statement of volume was blown into 
the glass on the side of the jug; and, Section 403 (i) (2), the article was fabri- 
cated from two or more ingredients and its label failed to bear the common 
or usual name of each ingredient.
DISPOSITION : September 26, 1944. No claimant having appeared, judgment of 
condemnation was entered and the products were ordered delivered to chari- 
table organizations.