7705. Adulteration and misbranding of beverage sirups.    U.  S. v. 99 Jugs of
Chocolate Egg Cream Flavor, 19 Jugs of Orange Flavor, and 74 Jugs of 
Strawberry Flavor. Default decree of condemnation. Product ordered 
delivered to a charitable organization. (F. D. C. No. 12721. Sample 
Nos. 76934-F to 76936-F, incl.)
LIBEL FILED :   June 24,1944, District of New Jersey.
ALLEGED SHIPMENT:   On or about May 9, 1944, by the S. J. Baron Corporation,
from New York, N. Y. 
PRODUCT:   192   1-gallon jugs of beverage sirups at Newark, N. J. 
LABEL IN PART :    "Master Brands of America   Manufacturers   New York."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), (chocolate egg cream 
flavor) valuable constituents, eggs and cream, had been in whole or in part 
omitted from the product; and (orange and strawberry flavors) valuable con- 
stituents, orange or strawberry juices, had been in whole or in part omitted 
from the products; and, Section 402 (b) (4), (orange) orange oil flavoring, 
artificial color, and acid, and (strawberry) artificial flavoring, artificial color, 
and acid, both simulating the flavor, color, and acidity, respectively, of products 
containing substantial and characterizing proportions of the designated fruit 
juices, had been added to the products and mixed and packed with them so as 
to make them appear better or of greater value than they were.
Misbranding, Section 403 (a), (chocolate egg cream flavor) the name, "A' 
Beverage Syrup Chocolate Egg Cream Flavor," was misleading since it implied 
that the product contained a substantial amount of eggs and cream, whereas 
it contained little, if any, of those ingredients; (orange flavor) the label state- 
ment, "A Beverage Syrup Orange Flavor * * * orange juice," was false 
and misleading as applied to a product which contained little or no orange juice; 
and (strawberry flavor) the label statement, "A Beverage Syrup Strawberry 
Flavor * * * strawberry juice and fruit," was false and misleading since 
it implied that the product was strawberry sirup made from strawberry fruit, 
strawberry juice, and sugar; and, Section 403 (c), (orange and strawberry 
flavors) the products were imitations of other foods and their labels failed to 
bear, in type of uniform size and prominence, the word "Imitation" and, imme- 
diately thereafter, the name of the food imitated, i. e., orange or strawberry 
sirup.
DISPOSITION : October 23,1944. No claimant having appeared, judgment of con- 
demnation was entered and the products were ordered delivered to a charitable 
organization, after destruction of the labels.