22791. Adulteration and misbranding of sirup.    XJ. S. v. 60 Cases and 32
Cases of Sirup. Default decree of condemnation, forfeiture, and 
destruction.    (F. & D. no. 32761.    Sample no. 68390-A.)
This case involved a quantity of sirup labeled to convey the impression that 
it was maple sirup, but which consisted of an artificially flavored and colored 
sirup containing a small amount of maple sugar. Sample bottles taken from 
the lot were found to contain less than the declared volume.
On or about May 28, 1934, the United States attorney for the District of 
Rhode Island, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 82 cases of 
sirup at Providence, R. I., alleging that the article had been shipped in inter- 
state commerce, on or about March 7 and March 8, 1934, by the Mountaineer 
Syrup Corporation, from New York, N. Y., and charging adulteration and 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: (Jars) " Old Time Mountaineer Maple Syrup Superior 
Blended 12 [or "16"] Fluid Ounces, Produced from Pure Cane & Maple 
Sugars Mountaineer Syrup Corporation of Delaware, New York, N. Y."
It was alleged in the libel that the article was adulterated in that an arti- 
ficially colored and flavored mixture of cane and maple sugar sirups had been 
substituted for the article.
Misbranding was alleged for the reason that the statement on the labels, 
" Maple Syrup " and " Produced from Pure Cane & Maple Sugars ", were false 
and misleading and tended to deceive and mislead the purchaser, since the 
product consisted of an artificially flavored and colored sugar sirup containing 
but little maple sugar; and in that the statements, "12 Fluid Ounces" and 
" 16 Fluid Ounces", were false and misleading and tended to deceive and 
mislead the purchaser, since the product was short of the declared volume. 
Misbranding was alleged for the further reason that the article was an imita- 
tion of maple sirup and was offered for sale under the distinctive name of 
another article, maple sirup. 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 outside of the packages, 
since the statements made were incorrect, and the statement on the 16-ounce 
bottle was not made in terms of the largest unit.
On June 25, 1934, no claimant having appeared for the property, judgment 
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.