5602. Adulteration and misbranding of carbonated beverages.    IT. S. V. 2,084
Cases and 6,000 Cases of Carbonated Beverages. Default decrees of con- 
demnation. Beverage contents ordered destroyed, Tilth provision for the 
sale of the empty bottles. (F. D. C. Nos. 10410, 10789. Sample Nos. 31085-F, 
43114-F.)
On or about August 19 and October 5, 1943, the United States attorneys for 
the Western District of Washington and the District of Oregon filed libels 
against 2,084 cases at Seattle, Wash., and 6,000 cases at Portland, Oreg., each 
containing 12 bottles, of carbonated beverages, alleging that the lot at Seattle 
and a portion of the lot at Portland (2,000 eases) had been shipped in interstate 
commerce on or about May 22 and June 10, 1943, from Chicago, Ill. by the 
S. & L. Beverage Co.; and charging that they were adulterated and misbranded. 
The articles shipped by that company were labeled in part: (Bottles) "Straw- 
berry Soda [or "Lemon Soda," "Orange Soda," or "Root Beer"] Green Leaf 
Special Quality Beverages."
They were alleged to be adulterated in that a valuable constituent, sugar, 
had been 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 the quality 
or strength of the beverages. 
They were alleged to be misbranded in that the namesi "Strawberry Soda," 
"Lemon Soda," "Orange Soda," and "Root Beer," appearing in their labeling, 
were false and misleading as applied to articles containing saccharin, a non- 
nutritive substance.
On October 4 and November 18, 1943, no claimant having appeared, judgments 
of condemnation were entered and the beverage contents of the bottles were 
ordered destroyed, with provision for the sale of the empty bottles. (See notices 
of judgment on foods, Nos. 5603 and 5604, for the disposition of. the remaining 
4,000 cases.) 
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