9804. Adulteration and misbranding of beverage sirups. TJ. S. v. 190 Bottles of Fruit-Flavored Beverage Syrups. Default decree of condemnation and destruction. (F. D. C. No. 20563. Sample Nos. 56709-H to 56713-H.) LIBEL FILED : July 29,1946, District of Massachusetts. ALLEGED SHIPMENT: On or about March 2, 1945, by the Reco Sales Co., from New York, N. Y. PRODUCT: 69 pint bottles of imitation orange sirup, 15 pint bottles of lemon and lime sirup, 44 pint bottles of raspberry sirup, 6 pint bottles of strawberry sirup, and 56 pint bottles of punch sirup. The imitation orange, lemon and lime, and raspberry sirups were fermented. The raspberry, strawberry, and punch sirups were composed of sugar and water, artificially flavored and colored to simulate fruit sirups. ' LABEL, IN PART : "Reco imit. Orange Syrup," "Reco Lemon and Lime [or "Rasp- berry," "Strawberry," or "Punch"] Syrup." The labels of the raspberry, straw- berry, and punch sirups contained the statements, "Contains: Pure cane sugar syrup, flavoring extract, fruit acid and food color. Preserved with 1/10 of 1% benzoate of soda." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the orange, lemon and lime, and raspberry sirups consisted in whole or in part of decomposed sub- stances; and, Section 402 (b) (4), artificial flavoring and coloring had been added to and mixed and packed with the raspberry, strawberry, and punch sirups so as to make them appear better and of greater value than they were. Misbranding (raspberry, strawberry, and punch sirups), Section 403 (a), the label designations, "Raspberry Syrup," "Strawberry Syrup," and "Punch Syrup," respectively, were false and misleading; Section 403 (c), the sirups 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; and, Section 403 (k), they contained artificial flavor- ing and coloring, and failed to bear labeling stating that fact. DISPOSITION : August 27, 1946. No claimant having appeared, judgment of con- demnation was entered and the products were ordered destroyed.