18007. Adulteration and misbranding: of Concord grape soda water flavor. 
H. S. v. 35 Gallons of Superb Brand True Coneord Grape Soda 
Water Flavor. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 18813.    I. S. No. 17758-v.    S. No. C-4429.)
On July 1, 1924, the United States attorney for the Eastern District of 
Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the 
seizure and condemnation of 35 gallons of Superb brand true Concord grape 
soda water flavor, remaining in the original unbroken packages at Milwaukee, 
Wis., alleging that the article had been shipped by Hurty, Peck & Co., from 
Indianapolis, Ind., June 13, 1924, and transported from the State of Indiana 
into the State of Wisconsin, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: (Label 
on keg) " Superb Brand True Concord Grape Soda Water Flavor * * * 
Contains No Artificial Flavor Hurty-Peck & Co. * * * Indianapolis, 
Indiana."
Adulteration of the article was alleged in the libel for the reason that an 
artificially-flavored imitation product had been mixed and packed therewith 
so as to reduce, lower, or injuriously affect its quality and strength and had 
been substituted wholly or in part for the said article, and in that it was 
colored in a manner whereby its inferiority was concealed.
Misbranding was alleged for the reason that the statement " True Concord 
Grape Soda Water Flavor-Contains No Artificial Flavor" was false and 
misleading and deceived and misled the purchaser, and in that it was an 
imitation of and offered for sale under the distinctive name of another article.
On December 15, 1924, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
W. M. JABDINE, Secretary of Agriculture.