12500. Adulteration and misbranding of Fam-Ly-Ade.    U. S. v. SOO Cartons-
of Fam-Ly-Ade.    Default decree ordering destruction of product.
(P. & D. No. 10762.    I. S. No. 2187-r.    S. No. W-439.)
On July 18, 1919, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the*-
District Court of the United States for said district a libel and on April 16, 
1923, an amendment to the said libel, praying the seizure and condemnation of 
300 cartons, each containing 12 individual cartons of Fam-Ly-Ade, remaining 
in the original unbroken packages at Los Angeles, Calif., alleging that the 
article had been shipped by the Fruit Valley Corp. from Rochester, N. Y., on 
or about May 22, 1919, and transported from the State of New York into the 
State of California, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled in part: (Large carton) 
"One tube of Fam-Ly-Ade makes one quart of orange syrup," (individual 
carton) "Fam-Ly-Ade;" (leaflet in individual carton) "Not a single drop is 
wasted of all this luscious orange-ade * * * all day long you mix this 
•delicious orange drink * * * Fruit Valley Corporation * * * Fam-Ly- 
Ada" Both the large carton and the individual carton contained pictures of 
oranges. The large cartons were contained in certain shipping cases, each of 
which cases contained certain pennant-shaped posters bearing a design of 
oranges.
It was alleged in substance in the libel as amended that the article, which 
consisted of two separate compounds, was adulterated in that one of the said 
compounds was a product mixed with a 50 per cent solution of tartaric acid 
and artificially colored, and the other compound was a mixture of orange [oil] 
and vegetable gum and artificially colored in a manner whereby inferiority was 
-concealed.
Misbranding was alleged for the reason that the statement, design, and 
device, "Fam-Ly-Ade," together with pictures of oranges appearing on the 
individual cartons and the statement, " One tube of Fam-Ly-Ade makes one 
quart of orange syrup," together with pictures of oranges, appearing on the 
large cartons, were false and misleading and deceived and misled the pur- 
chaser into the belief that the article was made from orange juice.
On July 24, 1924, a claim for the property theretofore entered having been 
•withdrawn, judgment of the court was entered, ordering the destruction of 
•the product by the United States marshal.
HOWARD M. GOEE, Secretary of Agriculture.