6402. Adulteration and misbranding of cola sirup. U. S. v. 4 Barrels of Cola 
Syrup. Decree of condemnation and destruction. (F. D. C. Nos. 10533, 
10644.    Sample Nos. 57611-F, 57613-F.)
Examination shows that this product contained saccharin, a non-nutritive sub- 
stance, and that a portion was fermenting.
On September 4, 1943, the United States attorney for the District of New 
Mexico filed a libel against 2 barrels of cola sirup at Hobbs, N. Mex., and 2 
^barrels of cola sirup at Lovington, N. Mex., alleging that the article had been
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shipped in interstate commerce on or about June 20 and 21, 1943, by the Liberty 
Cola Distributing Co., Amarillo, Tex.; and charging that it was adulterated and 
misbranded. The article was labeled in par.t: "Rice's Fountain Cola 
Syrup    *    *    *    Rice Beverage Company   Dallas, Texas."
The article was alleged to be adulterated in that a valuable constituent, sugar, 
bad been in whole or in part omitted therefrom; in that saccharin had been 
substituted for material amounts of sugar; and in that saccharin, having no 
food value, had been added thereto or mixed or packed therewith' so as to reduce 
its quality or strength. The lot at Hobbs, N. Mex., was alleged to be adulterated 
in that it consisted in whole or in part of a decomposed substance.
The article was alleged to be misbranded in that the statement appearing in 
the labeling, "Contains: Water, Sugar, Caramel Color, Glycerin, Caffeine, 
Phosphoric Acid, Extract Kola Nuts and Flavoring. Trace of Sodium Benzoate," 
was false and misleading as applied to an article containing saccharin, a non- 
nutritive substance.
On October 7, 1943, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.