21903. Adulteration and misbranding of prune juice.     IT.  S. v. 12 Canes  of
Sunsweet Juice of the Tenderized Prune. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. no. 31035. Sample 
no. 37356-A.)
This case involved a product labeled to convey the impression that it con- 
sisted of the natural juice of fresh prunes.   Examination showed that the
article had been obtained from soaked dried prunes. Examination further 
showed that the bottles contained less than 1 quart, the declared volume, and 
that the labeling bore unwarranted curative claims.
On September 6, 1933, the United States attorney for the Western District 
of Washington, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 12 cases of prune 
juice at Seattle, Wash., alleging that the article had been shipped in inter- 
state commerce on or about July 5, 1933, by the California Prune & Apricot 
Growers Association, from San Jose, Calif., and charging adulteration and 
misbranding in violation of the Food and Drugs Act as amended.
It was alleged in the libel that the article was adulterated in that an aqueous 
extract of partly dried prunes had been substituted for the juice of prunes.
Misbranding was alleged for the reason that the statements in the labeling, 
(bottle) "Net Contents One Quart", (bottle label display card and circular) 
"Juice of the * * * Prune", (circular) " Nothing but the juice of the 
prune * * * Tree ripened Prunes only Plumb sugar sweet fully tree 
ripened prunes are used in the making of Sunsweet Juice Tree ripening adds 
extra flavor extra healthfulness extra goodness   *   *   *   Tree ripened flavor
* * * for Tree Ripened goodness * * * Finest Juice", were false and 
misleading and deceived and misled the purchaser. Misbranding was alleged 
for the further reason that the article was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package, since the statement made was incorrect.
Misbranding was alleged for the further reason that the following statements 
regarding the curative or therapeutic effects of the article were false and 
fraudulent: (Bottle label, display card, and circular) "Natural Regulator", 
(circular)   "A Health Beverage    *    *    *   is essential to health and growth
* * * builds up resistance to infections such as common colds * * * 
these salts make bone it is estimated the Bones contain over 99 percent of 
the body calcium * * * Vital * * * Fruits help materially in main- 
taining alkalinity of the blood for reducing * * * Natural Regulating 
effect   *    *    *    in the reducing diet   *    *    *   Health drink   *    *    *   Vital
* * * Vital Qualities * * * For lovely complexions real beauty comes 
from within not from without to get rid of sallowness and blemishes get rid 
of body waste. Sunsweet Juice is a natural regulator gently stimulates elimi- 
nation and helps make skin smooth and clear."
On January 9, 1934, 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.
M. L. WILSON, Acting Secretary of Agriculture.