12832. Adulteration of beverage sirups and sundae topping:.    XT. S. v: 10 Cases,
etc.     (F.   D.   C.   No.   22746.    Sample   Nos.   54700-H,   55301-H,   55303-H, 
55304-H.)
LIBEL FILED :    April 2, 1947, Southern District of Georgia.
ALLEGED SHIPMENT:   On or about September 11, 1946, by the Howard's Syrups
Co., from Miami, Fla.
PRODUCT: 28 cases, each containing 24 1-pint bottles, of beverage sirups and 
3 cases, each containing 6   %-gallon jars, of sundae topping at Brunswick, Ga.
LABEL IN PART : "Howard's Beverage Syrup Thirst Quenchers Flavored Syrup 
Wild Cherry [or "Strawberry," or "Pineapple"] * * *"; (In small type 
on side panel) "Prepared with cane sugar, filtered water, citric acid, certified 
food coloring and imitation fruit flavoring %o of 1% Benzoate," and "Chop 
Suey Topping."
NATURE OF CHARGE: Adulteration (Chop Suey Topping), Section 402 (a) (3), 
the product consisted in whole or in part of a filthy substance by reason of 
the presence of larvae, and of a decomposed substance by reason of being fer- 
mented.
Misbranding (beverage sirups), Section 403 (a), the label designations, "Flav- 
ored Syrup Wild Cherry," "Flavored Syrup Strawberry," and "Flavored Syrup 
Pineapple," were false and misleading, since the products were acidulated, arti- 
ficially flavored and colored sugar solutions; Section 403 (c), the products 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 (e) (2), they failed to bear a label 
containing an accurate statement of the quantity of the contents.
DISPOSITION : May 10, 1947. Default decree of condemnation. The Chop Suey 
Topping was ordered destroyed, and the beverage bases were ordered delivered 
to a charitable organization or destroyed.