27634. Adulteration  and misbranding of  lemon  cocktail mixer.     IT.   S. v.  79
Gallons^ 89 Gallons, and 127 Gallons of Lemon Cocktail Mixer. Default 
decrees of condemnation and destruction. (P. & D. Nos. 89918, 39919, 
39936.    Sample Nos. 35223-C, 35224r-C, 56103-a)
This product was labeled to convey the impression that it could be used as 
a base for fruitade. It consisted, however, of a mixture of water, artificial 
color, lemon oil flavor, and citric acid, containing little or no lemon juice. The 
label of a portion failed to bear a statement of the quantity of contents of the 
containers.
On June 26 and July 1, 1937, the United States attorney for the Eastern 
District of Pennsylvania, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 245 gallons 
of cocktail mixer at Philadelphia, Pa., alleging that the article had been 
shipped in interstate commerce, on or about June 2 and 7, 1937, by the Elby 
Extract Co. from New York, N. X, and charging adulteration and misbranding 
in violation of the Food and Drugs Act as amended.
The article was labeled variously: "Collins & Rickey Brand Lemon Cocktail 
Mixer * * * Packed Especially For Home Products Co. * * * Phila- 
delphia, Pa."; "Corona Lemon Cocktail Mixer * * * Packed Especially for 
Corona Food Products Co. Philadelphia, Pa."; "Spatoia Brand Lemon Cocktail 
Mixer   *   *   *   Paeked expressly for Felix Spatoia & Sons Philadelphia, Pa."
It was alleged to be adulterated in that an artificially colored mixture of 
water, lemon oil flavor, and citric acid had been substituted wholly or in part 
for the article; and in that it had been mixed and colored in a manner whereby 
inferiority was concealed.
It was alleged to be misbranded in that the following statements were false 
and misleading and tended to deceive and mislead the purchaser when applied 
to an article consisting essentially of water, artificial color, lemon oil flavor, 
and citric acid, with little or no lemon juice" (Collins & Rickey, and Spatoia 
brands) "Lemon, (Corona brand) "Lemon * * * 2 tablespoons of Lemon 
Mixer produces the flavor and the tartness of one average lemon"; and in that 
the article was an imitation of another article. The Corona brand was alleged 
to be misbranded further in that it was food in package form and the quantity 
of contents was not plainly and conspicuously marked on the outside of the 
package.
On July 21, 1937, no. claimant having appeared, judgments of condemnation 
were entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.