3939. Adulteration and misbranding of so-called strawberry punch, grape punch, raspberry?
punch, and cherry punch. U. S. v. 15 Gallons of Strawberry Punch, 15 Gallons?
of Grape Punch, 15 Gallons of Raspberry Punch, and 15 Gallons of Cherry Punch.?
Tried to the court and a jury. Verdicts for the Government. Product ordered de??
stroyed by the court. (F. & D. No. 5589. I. S. Nos. 2391-h, 2392-h, 2393-h, 2394-h. S. No.-?
2114.)
On February 14, 1914, the United States attorney for the Northern District of West?
Virginia, 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?
15 one-gallon jugs of strawberry punch, 15 one-gallon jugs of grape punch, 15 one-gallon?
jugs of raspberry punch, and 15 one-gallon jugs of cherry punch, remaining unsold in?
the original unbroken packages at Clarksburg, W. Va., alleging that the products had?
been shipped in June, 1913, and transported from the State of Virginia into the State?
of West Virginia, and charging adulteration and misbranding in violation of the Food?
and Drugs Act. The strawberry punch was labeled: "The Perfection of Purity and?
Excellence. Magic City German Make Trade Mark Strawberry Punch. Re??
freshing Invigorating The 1. S. Fine Corporation, Boanoke, Va. Guaranteed under?
the Food & Drug Act June 30,1906, Serial No. 42429. Concentrated Fountain Syrup.''?
The grape punch was labeled: "The Perfection of Purity and Excellence. Magic?
City German Make Trade Mark Grape Punch. Kefreshing Invigorating The?
I. S. Fine Corporation, Roanoke, Va. Guaranteed under the Food & Drug Act June?
30, 1906, Serial No. 42429. Concentrated Fountain Syrup." The raspberry punch?
was labeled: "The Perfection of Purity and Excellence. Magic City German Make?
Trade Mark Raspberry Punch. Refreshing Invigorating The I. S. Fine Corpora??
tion, Roanoke, Va. Guaranteed under the Food & Drug Act, June 30, 1906, Serial?
No. 42429. Concentrated Fountain Syrup. " The cherry punch waa labeled: "The?
Perfection of Purity and Excellence. Magic City German Make Trade Mark?
Cherry Punch. Refreshing Invigorating The I. S. Fine Corporation, Roanoke,?
Va.    Guaranteed under the Food & Drug Act June 30, 1906, Serial No. 42429. "
It was alleged in the libels that the products were adulterated and misbranded in?
violation of the act of Congress of June 30, 1906, in that they were labeled to be natural?
fruit sirups, when they consisted of imitation fruit sirups which had been artificially?
flavored and artificially colored to conceal inferiority and which had been substituted?
in whole or in part for true fruit sirups in such a manner as to reduce or lower or inju??
riously affect the purity or strength; and said products were further misbranded in?
that they were labeled as "Strawberry Punch, Concentrated Fountain Syrup, the?
Perfection of Purity and Excellence," "Grape Punch, Concentrated Fountain?
Syrup, the Perfection of Purity and Excellence," "Raspberry Punch, Concentrated?
Fountain Syrup, the Perfection of Purity and Excellence," and "Cherry Punch,?
Concentrated Fountain Syrup, the Perfection of Purity and Excellence," respec??
tively, when in fact the products consisted of imitation sirups which had been arti??
ficially colored and flavored in j3uch a manner as to conceal the inferiority of the?
products.
On November 13, 1914, the case having come on for hearing before the court and a?
jury, after the submission of the evidence, the jury, at the direction of the court,?
returned verdicts in favor of the Government, finding the products adulterated and?
misbranded. It was thereupon ordered by the court that the products should be?
destroyed by the United States marshal.
CARL VROOMAN, Acting Secretary of Agriculture.
WASHINGTON, D. C, June SO, 1915.
N. J. 3901-3950.]   SERVICE  AND  BEGULATOR.Y  ANNOUNCEMENTS.	545