10176.?Adulteration and misbranding of grape smash and grape beverage
U. S. * * * v. 18J Dozen Bottles of Grape Smash, et al. De??
fault decrees of condemnation, forfeiture, and destruction.     (F. &
D. No. 14136.    I.  S. Nos. 9241-t, 9242-t.    S. No. E-2870.)
On January 7, 1921, the United States attorney for the Eastern District of?
North Carolina, acting upon a report by the Secretary of Agriculture, filed in?
the District Court of the United States for said district libels for the seizure?
and condemnation of 18i dozen bottles of grape smash and 6i dozen bottles of?
grape beverage, at Greenville, N. C, alleging that the articles had been shipped?
by the American Fruit Products Co., Norfolk, Va., on or about August 7 and 31,?
1920, respectively, and transported from the State of Virginia into the State of?
North Carolina, and charging adulteration and misbranding in violation of the?
Food and Drugs Act, as amended. The articles were labeled in part, respec??
tively, " Grape Smash Artificial Color * * *," and " Grape Artificial Flavor?
and Color   *    *    *."
Adulteration of the articles was alleged in the libels for the reason that sac??
charin had been mixed and packed therewith so as to reduce and lower and?
injuriously affect their quality and strength and had been substituted in part?
for the said articles. Adulteration was alleged for the further reason that the?
said articles contained an added poisonous and deleterious ingredient, to wit,?
saccharin, which rendered the said articles injurious to health.
Misbranding was alleged in substance for the reason that the statements on?
the respective labels, " Grape Artificial Flavor and Color " and " Grape Smash,"'?
were false and calculated to deceive purchasers thereof. Misbranding was al??
leged for the further reason that the articles were imitations of, and offered for?
sale under the distinctive names of, other articles, and for the further reason?
that the said articles were food in package form, and the quantity of the con??
tents was not plainly and conspicuously marked on the outside of the packages.
On April 20, 1921, no claimant having appeared for the property, judgments?
of condemnation and forfeiture were entered, and it was ordered by the court?
that the products be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.