9378. Misbranding of Muscato. V. S. * * * v. 25 Cases * * * of 
Muscato. Default decree of condemnation, forfeiture, and de- 
struction.     (F. & D. No. 12286.    I.' S. No. 563-r.     S. No. E-1972.)
On March 19, 1920, the United States attorney for the Northern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 25 cases, more or less, of Muscato, remaining in the original 
unbroken packages at Pensacola, Fla., alleging that the article had been 
shipped by the Ozone Spring Water & Beverage Co., Inc., New Orleans, La., 
on March 1, 1920, and transported from the State of Louisiana into the State 
of Florida, and charging violation of the Food and Drugs Act. The article 
was labeled in part: (Bottle) "Muscato 'You Taste The Grape' * * * 
Bottled By The Ozone Spring Water & Beverage Co., Inc. New Orleans, La., 
U. S. A. * * * This Is Not A Carbonated Beverage Being A Grape Drink 
Served    *    *    *    In The Same Manner As Any Grape Juice Is Served."
It was alleged in substance in the libel that the above-quoted statements 
contained in the labels on the bottles were false and misleading in that the 
said bottles did not contain the juices derived from grapes, as claimed and 
suggested in the said statements, but the article was a mixture of phosphoric 
acid, sugar, and a trace of esters, and was colored with amaranth.
On August 14, 1920, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
E. D. BALL, Acting Secretary of Agriculture.