25330. Adulteration   and misbranding of  malt  sirup.     U.  S.  v.   30%   Cases  of
Malt Syrup.    Default decree of condemnation and destruction.    (F. &
D. no.  36126.    Sample no. 32545-B.)
This product was adulterated and misbranded, since it was represented to 
he malt sirup; whereas it was not a malt product.
On August 10, 1935, 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 30% cases of canned
malt sirup at St. Louis, Mo., alleging that the article had been shipped in inter- 
state commerce on or about June 14 and July 12, 1935. by the Dextora Co., 
from Indianapolis, Ind., and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: (Can) "Pearl 
Brand Malt Syrup Hop Flavored * * * Exclusive Distributors L. Pearl- 
stone St. Louis, Mo."
The article was alleged to be adulterated in that a, nonmalt product had 
been mixed and packed therewith so as to reduce and lower its quality and 
has been substituted for malt sirup, and for the further reason that it was 
mixed in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statement "malt syrups 
borne on the label, was false and misleading and tended to deceive and mis- 
lead the purchaser; and for the further reason that it was offered for sale 
under the distinctive name of another article.
On October 14, 1935, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
R. G. TTJGWELL, Acting Secretary of Agriculture.