19105. Adulteration  and  Misbranding of  banana  concentrate.     TJ.  S.  v.  4
Gallons  of Popsicle Flavoring:   Sirup, Banana  Flavor.    Decree  of 
condemnation and forfeiture.    Product released under bond.     (F.
& D. No. 26912.    I. S. No. 22777.    S. No. 5092.)
Examination of samples of banana concentrate from the shipments herein 
described having been shown that the article was an artificially flavored and 
colored imitation product containing little, if any, fruit extraction, the Secre- 
tary of Agriculture reported the matter to the United States attorney for the 
District of Colorado.
On September 3, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure of 4 
gallons of Popsicle flavoring sirup, banana flavor, remaining in the original 
unbroken packages at Denver, Colo., consigned by the Joe Lowe Corporation, 
Los Angeles, Calif., in various consignments on or about April 15, June 22, and 
June 24, 1931, alleging that the article had been shipped in interstate commerce 
from Los Angeles, Calif., into the State of Colorado, and that it was adulterated 
and misbranded in violation of the food and drugs act. The article was 
labeled in part: " One Gallon * * * Banana Concentrate * * * the 
Popsicle Corporation of the United States—represented by two exclusive agents 
Joe Lowe Corporation, Citrus Products Company." The label also bore the 
statement in small, inconspicuous type: "Artificial flavor and color."
It was alleged in the libel that the article was adulterated in that a banana 
concentrate, artificially colored and flavored and containing little, if any, natu- 
ral banana juice, had been substituted in part for the article, and had been 
mixed and packed with it so as to reduce and lower its quality. Adulteration 
was alleged for the further reason that the article had been mixed and colored 
in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statement "Banana Con- 
centrate," was false and misleading, and deceived and misled the purchaser 
when applied to a concentrate artificially colored and fiavored that contained
little, if any, of the natural fruit. Misbranding was alleged for the further 
reason that the article was an imitation of and was offered for sale under the 
distinctive name of another article.
On December 8, 1931, the Joe Lowe Corporation, Los Angeles, Calif., having 
appeared as claimant for the property and having admitted the allegations of 
the libel, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $40, conditioned in 
part that it be relabeled and that it should not be sold or otherwise disposed 
of contrary to the laws of the United States or of the State of Colorado.
ABTHUB M. HYDE, Secretary of Agriculture.