8103. Adulteration and misbranding of fruit-flavored beverage bases.    U. S. v.
78 Cases of Beverage Bases. Default decree of condemnation. Products 
ordered delivered to charitable institutions. (F. D. C. No. 16062. Sample 
Nos. 26633-H to 26640-H, intel.)
LIBEL FILED :   On or about May 10,1945, District of Colorado.
ALLEGED SHIPMENT : On or about November 10, 1944, by Holler's Concentrated 
Beverages, from Miami, Fla.
PRODUCT: 78 cases, each containing 48 bottles, of beverage bases of various 
flavors at Denver, Colo. Analysis showed that the grape-, strawberry-, cherry-, 
loganberry-, raspberry-, and punch-flavored products were artificially flavored 
and colored solutions of water and acid or acids; and that the orange- and lime- 
flavored products were artificially colored emulsions of water, acid, sugar, citrus 
peel oil, brominated vegetable oil, and vegetable gum. A portion of the products 
also contained phosphoric acid that was not declared on the labels.
LABEL, IN PART: "Holler's Grape [or "Strawberry," "Cherry," "Orange," "Lo- 
ganberry," "Lime," "Raspberry," or "Punch"] Flavored Concentrate."
VIOLATIONS CHARGED: Adulteration, Section 402 (b)(4), artificial coloring, in 
all instances, and artificial flavoring, in some instances, had been added to the 
products or mixed or packed with them, so as to make them appear better or 
of greater value than they were.
Misbranding, Section 403 (a), the designs of fruits on the case labels and 
the statements on the respective bottle labels, "Grape [or "Strawberry," 
"Cherry," "Orange," "Loganberry," "Lime," "Raspberry," or "Punch"] Fla- 
vored Concentrate," were misleading; and the statement on the bottle labels, 
"Holler's flavors make delicious Jellies, Jams," was misleading since the prod- 
ucts would not make jellies or jams.
Further misbranding, Section 403 (i) (2), the labels on the loganberry- and 
punch-flavored products failed to bear the common or usual name of each 
ingredient.
DISPOSITION : On or about August 3, 1945, no claimant having appeared, judg- 
ment of condemnation was entered and the products were ordered distributed 
to charitable institutions.