7703. Adulteration and misbranding of fruit-flavored beverage sirups.    U. S. v.
12 Cases of Beverage Sirups.    Default decree of condemnation and de- 
struction.    (F. D. C. No. 13770.    Sample Nos. 74925-F to 74929-F, incl.)
LIBEL FILED :    September 18, 1944, District of Oregon.
ALLEGED SHIPMENT : On or about August 4,1944, by the Blue Moon Products Co., 
from Seattle, Wash.
PRODUCT: 12 cases, each containing 24 jars, of raspberry, strawberry, pineapple, 
cherry, and lemon and lime sirups, at Portland, Oreg. Examination showed 
that the cherry sirup was an artificially flavored sirup containing little or no 
fruit juice; that the other articles were fruit-flavored sirups containing little 
or no fruit juice; and that the raspberry sirup was undergoing fermentation.
LABEL IN PART: "Blumas Raspberry [or "Strawberry," "Cherry," or "Pine- 
apple"] * * * Contents 20 oz. Avd. Manufactured by Blumoon Food 
Products, Inc. Brooklyn, N. Y.," and "Blumas Lemon & Lime Syrup * * * 
Contents 20 oz. Avd."
VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the raspberry sirup 
consisted in whole or in part of a decomposed substance; and, Section 402 
(b) (2), the products described above had been substituted in whole or in 
part for raspberry sirup, strawberry sirup, cherry sirup, pineapple sirup, or 
lemon and.lime sirup, which they were repesented to be.
Misbranding, Section 403 (a), the statements "Raspberry [or "Strawberry," 
or "Pineapple"] * * * fruit and fruit flavor," and "Lemon & Lime 
Syrup," were false and misleading as applied to sirups flavored with fruit 
flavors and containing little or no fruit juice; Section 403 (a), the statement 
"Cherry Syrup" was false and misleading as applied to an artificially flavored 
sirup containing little or no fruit juice; and, Section 403 (c), the cherry 
sirup was an imitation of another food and its label failed to bear, in type of 
uniform size and prominence, the word "Imitation" and, immediately there- 
after, the name of the food imitated.
DISPOSITION: November 15, 1944. No claimant having appeared, judgment of 
condemnation was entered and the products were ordered destroyed.