12979. Adulteration and misbranding: of Concord grape soda water flavor.
17. S. v. Sethness Co. Plea of gruilty. Fine, $100. (F. & D. No. 18576. 
I. S. Nos. 1490-v, 4579-v.)
On July 2, 1924, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the Sethness Co., a corporation, Chicago, Ill., alleging shipment by said com- 
pany, in violation of the food and drugs act, on or about March 19, 1923, from 
the State of Illinois into the District of Columbia, and on or about July 27,
35123-25 3
1923, from the State of Illinois into the State of Tennessee, of quantities of 
Concord grape soda water flavor which was adulterated and misbranded. The 
article was labeled in part: " Cosco Guaranteed By Sethness Company, Chicago, 
U. S. A.    *    *    *    Concord Grape Soda Water Flavor Artificially Colored."
Analysis of a sample from each 'of the, consignments by the Bureau of 
Chemistry of this department showed that it was an imitation grape flavor, 
most of the flavor of which was due to methyl anthranilate, and containing 
little, if any, grape juice, and artificially colored with archil.
Adulteration of the article was alleged in the information for the reason that 
an artificially-flavored and artificially-colored imitation product had been sub- 
stituted for Concord grape soda water flavor, which the said article purported 
to be, and for the further reason that it was a product inferior to Concord 
grape soda water flavor, to wit, an artificially-flavored imitation product, and 
had been artificially colored with certain vegetable dye so as to simulate the 
appearance of Concord grape soda water flavor, and in a manner whereby its 
inferiority was concealed.
Misbranding was alleged for the reason that the statement, to wit, " Concord 
Grape Soda Water Flavor," borne in prominent type on the labels attached to 
the bottles containing the article, not corrected by the statement in inconspicu- 
ous type " Artificially Colored," regarding the said article, was false and mis- 
leading, in that the said statement represented that the article was Concord 
grape soda water flavor, and for the further reason that it was labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that it was 
Concord grape soda water flavor, whereas, in truth and in fact, it was not 
but was an artificially-flavored imitation product, artificially colored.
On January 10, 1925, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $100.
W. M. JAEDINE, Secretary of Agriculture.