37791. Misbranding of maple-flavored butter. U. S. v. 9 Cartons of Maple 
Flavored Butter, et al. Default decree of condemnation and destruc- 
tion.    (F. & D. No. 40045.    Sample Nos. 21223-C, 21224-C.)
These products were mixtures of cane and beet sugar, glucose, maple sugar, 
and imitation maple flavor—one containing in addition, orange and pineapple 
pulp—and their labels bore statements and designs which conveyed the im- 
pression that they were maple products; and this impression was not corrected 
by the inconspicuous declaration of artificial flavor.
On August 9, 1937, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 9 cartons of a product 
labeled "Maple Flavored Butter" and 10 cartons of another product labeled 
"Maple Flavored Butter Orange Pineapple" at Boston, Mass., alleging that 
the articles had been shipped in interstate commerce on or about July 7, 1937, 
by the Vermont Maple Tree Sugar Co. from Burlington, Vt., and charging mis- 
branding in violation of the Food and Drugs Act. Both products were labeled 
further: "Flavored with Vermont Maple Sugar and Artificial Flavor Mfd. By 
The Vermont Maple Tree Sugar Co., Burlington, Vermont."
The articles were alleged to be misbranded in that the name "Fresh Made 
Vermont Maple Flavored Butter," the design of maple trees conspicuously 
displayed on the labels of both products, and the words "Orange Pineapple" 
on the label of one, were false and misleading and tended to deceive and 
mislead the purchaser since they implied that the product labeled "Orange 
Pineapple" was a maple product containing orange and pineapple, and that the 
other was a 100-percent maple product; whereas the articles contained also cane 
or beet sugar, glucose, imitation maple flavor, and the misleading impression 
made by the name and design was not corrected by the inconspicuous declara- 
tion of artificial flavor. They were alleged to be misbranded further in that 
they were offered for sale under the distinctive names of other articles, namely, 
"Maple Flavored Butter" and "Maple Flavored Butter, Orange Pineapple," 
respectively.
On September 27, 1937, no claimant having appeared, judgment of condemna- 
tion was entered and the products were ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.