27626. Adulteration and misbranding of Beats All Punch-Ade and fruit-flavored
sirups. U. S. v. 202 Bottles of Punch-Ade, et al. Default decrees of 
condemnation and destruction. (F. & D. Nos. 39871, 39872, 39887 to 
89893, incl.    Sample Nos. 35216-C to 85222-C, incl., 37936-C, 37937-C.)
These products were labeled to convey the impression that they could be 
used as bases for fruitade. Examination showed that they were artificially 
colored acid solutions containing little or no fruit juices, and that some con- 
tained artificial flavor and others contained citrus-oil flavor. Certain lots were 
short in volume.
On June 17 and June 22, 1937, the United States attorneys for the District of 
New Jersey and the Eastern District af Pennsylvania, acting upon reports 
by the Secretary of Agriculture, filed in'their respective district courts libels 
praying seizure and condemnation of 140 cartons of Punch-Ade and 65fcartons 
of fruit-flavored sirup at Newark, N. J., and 202 bottles of Punch-Ade at Phila- 
delphia, Pa., consigned by Snow Crest, Inc., alleging that the articles had been 
shipped in interstate commerce on or about March 31 and May 3, 1937, from 
Salem, Mass., and charging adulteration and misbranding in violation of the 
Food and Drugs Act as amended. The Punch-Ade was labeled in part: "Beats 
All Punch-Ade Cherry [or "Grape," "Lemon," "Lemon-Lime," "Orange," "Rasp- 
berry," or "Strawberry"] Flavor * * * Snow Crest, Salem, Mass." The re- 
maining products were labeled In part: "Snow Crest Grape [or "Punch," "Rasp- 
berry," "Cherry," "Strawberry," "Lemon & Lime," or "Orange"] A pure fruit 
flavored syrup   *   *   *    Snow Crest Inc.   Salem, Mass."
The various types of Punch-Ade were alleged to be adulterated in that 
artificially colored acid solutions and artificial flavors or citrus oil flavors 
containing little or no fruit juices, had been substituted wholly or in part for 
the articles. The fruit-flavored sirups were alleged to be adulterated In that 
artificially colored sirups containing acid, artificial flavors or citrus oil flavors 
and little or no fruit juices, had been substituted wholly or in part for the 
articles. All were alleged to be adulterated further in that they had been 
mixed and colored In a manner whereby inferiority was concealed.
The articles were alleged to be misbranded in that the following statements 
were false and misleading and tended to deceive and mislead the purchaser
44889°—38 3
when applied to articles that contained little or no fruit juice: (Punch-Ade) 
"Punch-Ade * * * Cherry [or "Grape," "Lemon," "Lemon-Lime," "Orange/' 
"Raspberry," or "Strawberry"] Flavor"; (sirups) "Grape [or "Punch," "Rasp- 
berry," "Cherry," "Strawberry," "Lemon & Lime," or "Orange"] * * * Pure 
Fruit Flavored." The sirup and a part of the Punch-Ade were alleged to be 
misbranded further in that they were imitations of other articles. Portions of 
the orange and raspberry Punch-Ade were alleged to be misbranded further 
in that the statement "Contents 8 F. Oz." on the label, was false and mis- 
leading and tended to deceive and mislead the purchaser when applied to an 
article which was short in volume, and in 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 said statement was incorrect.
On July 21 and August 4, 1937, no claimant having appeared, judgments of 
condemnation were entered and the products were ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.