22899. Misbranding of   grape   sugar,  assorted   wine   flavors.   IT.   S.   v.   600
Packages of Grape Sugar, Assorted Flavors, Dry Type "Wine Taste. 
Default    decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. no. 32417.    Sample no. 59250-A.)
This case involved products represented to be grape sugar flavored with va- 
rious wine flavors, but which consisted of artificially flavored and artificially 
108552°—35 2
colored corn sugar with a small proportion of concentrated grape juice. The 
product was also short weight
On March 23, 1934, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 600 packages of 
grape sugar, assorted wine flavors, at St. Louis, Mo., alleging that the articles 
had been shipped in interstate commerce on or about February 1, 1934, by 
Grapesugar, Ltd., from Burbank, Calif., and charging misbranding in violation 
of the Food and Drugs Act as amended.
Misbranding of the articles was alleged in that the statements on the label, 
" Grapesugar Sauteme [or " Zinfandel", " Muscatel", " Port", " Sherry ", or 
" Burgundy "] Flavor * * * Wine Taste Directions for Wine Net Wt. 1 lb.", 
were false and misleading and tended to deceive and mislead the purchaser, 
since they consisted of artificially flavored and artificially colored corn sugar 
with a small proportion of concentrated grape juice, and since they were short 
weight. Misbranding was alleged for the further reason that the articles were 
offered for sale under the distinctive names of other articles, and for the further 
reason that they were food in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package, since 
the statement made was incorrect.
On September 21, 1934, no claimant having appeared, judgment of condemna- 
tion and forfeiture was entered, and destruction of the products was ordered.
M. L. WILSON, Acting Secretary of Agriculture.