21644. Adulteration and misbranding of fruit sirups. U. S. T. 44 Cartons, 
et al., of Assorted Sirups. Default decrees of condemnation. 
Portion of product ordered destroyed; remainder delivered to 
charitable organizations. (F. & D. nos. 30743, 30831. Sample nos. 
26634-A, 26635-A, 32470-A, 32471-A.)
These cases involved shipments of raspberry and cherry sirups that contained 
undeclared malic acid. The statement of the quantity of contents was not 
expressed in terms of the largest unit nor in terms of liquid measure on the 
labels of certain of the products.
On July 19, 1933, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the District of Columbia, holding a district court, a libel praying 
seizure and condemnation of 44 cartons, each containing one dozen bottles of 
assorted sirups at Washington, D.C. On August 3, 1933, the United States 
attorney for the Southern District of New York filed a libel against 12 cases 
of the products at New York, N.Y. It was alleged in the libels that the articles 
had been shipped in interstate commerce on or about May 11 and June 9, 1933, 
by the Orchard Products Co., from Chicago, Ill., and that they were adulterated 
and misbranded in violation of the Food and Drugs Act as amended.
The libels charged that the articles were adulterated in that a mixture of 
sugar, water, fruit juice, and inactive malic acid had been substituted for pure 
fruit sirup. Adulteration was alleged for the further reason that the articles 
had been mixed in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that" the following statements, 
(all bottle labels)   " Pure Raspberry  [or " Cherry"]   Syrup   *    *    *    Made
from the juice of fresh raspberries [or cherries] and rock candy syrup ", (car- 
ton, portion) " Pure Assorted Syrups ", (circular portion) " Pure fresh fruit juice 
syrups * * * Made from Pure unfiltered juices of fresh fruits and rock 
candy syrup", were false and misleading and deceived and misled the pur- 
chaser. Misbranding was alleged for the further reason that the articles were 
offered for sale under the distinctive names of other articles. Misbranding was 
alleged, with respect to the raspberry and a portion of the cherry for the 
further reason that the articles were food in package form and the quantity of 
the contents was not plainly and conspicuously marked on the outside of the 
packages, since the statement made was not in terms of the largest unit and 
was not expressed in terms of liquid measure.
On October 18 and November 15, 1933, no claimant having appeared for the 
property, judgments of condemnation were entered. The lot seized in the 
District of Columbia was ordered destroyed and the lot seized in the Southern 
District of New York was ordered delivered to charitable organizations.
M. L. WILSON, Acting Secretary of Agriculture.