9405. Adulteration   and   Misbranding of   kyons   Nonalcoholic   Port   Wine 
Punch,   Elberta   Punch,  Muscadine   Punch,   and   Cherry  Tip.     IT.   S.
* *     *     v.   16   Gallons     *     *     *     of   Port   Wine   Punch,   IG   Gallons
* *     *     of Elberta Punch, 16 Gallons     *     *     *     of Muscadine Punch,
and Three 16-Gallon Kegs    *     *    *     of Beverage.    Default decrees of 
condemnation and forfeiture.    Products ordered destroyed.     (F. & D.
Nos. 14446, 14447, 14448, 14449.    Inv. Nos. 27330, 27333, 27334, 27335, 27336, 
27337.     S. Nos.  C-2787,  C-27S8, C-2789,  C-2790.)
On March 5, 1921, the United States attorney for the Eastern District of 
Arkansas, 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 certain quantities of alleged beverage, labeled in part, respec- 
tively, " Lyons Non-alcoholic Port Wine Punch," or " Elberta Punch," or 
" Muscadine Punch," or " Cherry Tip," as the case might be, "Artificially colored 
and flavored. Stimulating and refreshing. The Lyons Brothers Company, 
Atlanta, Georgia, and Dallas, Texas," at Little Rock, Ark., consigned by the 
Lyons Bros. Co., Dallas, Tex., alleging that the articles had been shipped on or 
about September 16, September 17, and October 27, 1920, and transported from 
the State of Texas into the State of Arkansas, and charging adulteration and 
misbranding in violation of the Food and Drugs Act. as amended.
Adulteration of the articles was alleged in substance in the libels for the 
reason that they were artificially colored and artificially flavored and sweet- 
ened with saccharin, which had been mixed and packed with, and substituted 
wholly for, the article, and for the further reason that said articles were mixed 
and colored in a manner whereby damage and inferiority were concealed, and 
further that said articles contained an added poisonous or deleterious ingredient, 
saccharin, which might render the articles injurious to health.
Misbranding of the articles was alleged in substance in the libels for the 
reason that there appeared on the kegs containing all the articles, except the 
Cherry Tip, the following statements, " Notice. The State of Texas, County of 
Dallas. Personally appeared before me a notary public in and for Dallas 
County, Texas, W. J. Lyons, Manager of the Lyons Brothers Company, Dallas, 
Texas
, shippers of this keg of goods and swears upon his oath that the con- 
tents of this keg * * * is not in violation of any laws of any State, 
* * * W. J. Lyons. Sworn and subscribed before me this 21st day of Feb- 
ruary A, D. 1919, was. R. Cocke, Jr., Notary Public, Dallas County, Texas," 
and on ;the keg containing the Cherry Tip the statement " Cherry Tip," all of 
which were false and misleading and deceived and misled the purchaser. Mis- 
branding was alleged for the further reason that each of the articles was an 
imitation of, and offered for sale under the distinctive name of, another article, 
and for the further reason that it was food in package form, and the quantity 
of the contents was not plainly and conspicuously marked on the outside of 
the package.
On April 26, 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.