5604. Adulteration and misbranding of carbonated beverages.    U.  S. v.  6,000
Cases of Carbonated Beverages. Default decree of condemnation. Bever- 
age contents ordered destroyed, -with provision for the sale of the empty 
bottles.    (F. D. C. No. 10791.    Sample Nos. 43108-F, 43109-F.)
On or about October 5, 1943, the United States attorney for the District of 
Oregon filed a libel against 6,000 cases, each containing 12 bottles, of carbonated 
beverages at Portland, Oreg., alleging that a portion of the articles (2,000 eases) 
had been shipped in interstate commerce on or about May 29,1943, from Chicago, 
111., by the Silver Cup Beverage Co.; and charging that it was adulterated and 
misbranded. This portion of the articles was labeled in part: (Bottles) "Tasty 
Cherry Soda," or "Delight Creamy Root Beer."
The articles were alleged to be adulterated in that a valuable constituent, 
sugar, had been in part omitted therefrom, in that saccharin had been substi- 
tuted 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 names "Root Beer" and 
"Cherry Soda," appearing in their labeling, were false and misleading as applied 
to articles containing saccharin, a non-nutritive substance.
Oh November 18, 1943, no claimant having appeared, judgment of condemna- 
tion was 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. 5602 and 5603, for the disposition of the remaining 4,000 cases.)