31030. Adulteration and misbranding of Frute-Ade.    THE. 8. v. Alexander Rosen¬
thal.    Plea of  guilty.    Fine,  $25.     (F.  &  D.   No.  39789.    Sample  Nos. 
35070-C to 35076-C, incl.)
These products were labeled to indicate that they derived their fruit char- 
acteristics from fruit juices; whereas they consisted of artificially colored 
acid solutions containing little, if any, fruit juices. With the exception of 
the lemon, lemon-lime, and orange, they were also artificially flavored. The 
quantity of contents of the bottles was less than that declared on the label.
On March 2, 1939, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Alexander Rosenthal, Trenton, N. J., alleging 
shipment by said defendant in violation of the Food and Drugs Act on or 
about April 17, 1937, from the State of New Jersey into the State of Penn- 
sylvania, of quantities of various flavored Frute-Ades which were adulterated 
and misbranded..
The articles were labeled in part: "Frute-Ade * * * Grape [or "Straw- 
berry," "Cherry," "Raspberry," "Lemon," "liemon-Lime," or "Orange"] Flavor 
*   *   *   Atlantic Food Packing Co., Trenton, N. J."
The articles were alleged to be adulterated in that artifically colored acid 
solutions which contained little, if any, of the designated fruits, and which
were artificially colored, and with the exception of the lemon, lemon-lime, and 
orange were also artificially flavored, had been substituted for Frute-Ade grape, 
strawberry, cherry, raspberry, lemon, lemon-lime, or orange flavors, namely, 
beverages which derived their fruit characteristics from juices of the said fruits.
Misbranding was alleged in that the statements, "Frute-Ade * * * drink 
* * * grape [or "Strawberry," "Cherry," "Raspberry," "Lemon," "Lemon 
Lime," or "Orange"] flavor" and "2% I. oz.," borne on the bottle labels, were 
false and misleading and were borne on the labels so as to deceive and mislead 
the purchaser, in that they represented that the articles were beverages which 
derived their fruit characteristics from juices of the fruits designated, and that 
the bottles contained 2% fluid ounces thereof; whereas they contained little, 
if any, fruit juices, and the bottles contained less than 2% fluid ounces of the 
said articles. Misbranding was alleged further in that the articles were offered 
for sale and sold under the distinctive names of other articles; and in that 
they were foods in package form, and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the packages.
On December 22, 1939, the defendant entered a plea of guilty and the court 
imposed a fine of $25.
GBOVEE B. HILL, Acting Secretary of Agriculture.