30476. Orange juice.   (In. No. 404.)
COMPLAINT FOR INJUNCTION FILED : 5-4-61, S. Dist. Tex., against Cal-Tex Citrus 
Juice, Inc., Houston, Tex., and Gordon E. Van Liew, president, Dell Van Liew, 
vice president, and Arthur R. Becker, secretary-treasurer.
13 These comments rest on the literal terms of the statute which we assume, with- 
out deciding, to be valid. In view of our disposition we intimate no view on any 
of the other contentions of the Defendants. Specifically, we do not reach the claim 
that in the absence of promulgated standards of identity, there is no lawfully ascer- 
tainable criterion of guilt even under cases such as United States V. Behrman, 1922, 
258 U.S. 280, 42 S. Ct. 303, 66 L. Ed. 619; United States V. Balint, 1922, 258 U.S. 
250, 42 S. Ct. 301, 66 L. Ed. 604; United States v. Dotterweich, 1943, 320 U.S. 277, 
64 S. Ct. 134, 88 L. Ed. 48 ; and see, Standard Oil Oo. of Texas v. United States, 5 Cir., 
1962, 307 F. 2d 120.
processing, packaging, selling, and distributing a food represented to be orange 
juice. In conducting such business, the defendants employed essentially the 
following method of operation:
A. Quantities of fresh oranges were purchased by the defendants and deliv- 
ered to the defendants' plant at Houston, Tex.;
B. Upon receipt at the defendants' plant, the oranges were processed to ex- 
tract the juice, and some water, sugar, and other ingredients were added to 
and mixed with the juice;
0. Quantities of frozen orange juice concentrate were delivered to the de- 
fendants' plant, and were mixed with the juice extracted from the oranges;
D. The orange juice to which water, sugar, and concentrate had been added 
was placed in tank trucks or in 10-gallon milk cans for bulk distribution or 
was prepared for distribution by packaging in 1-quart milk bottles or in 1-quart 
wax cartons labeled in part as follows: "Homogenized Orange Juice";
B. The orange juice to which water, sugar, and concentrate had been added 
was sold and distributed in the above-described containers by the defendants to 
customers in the State of Texas and elsewhere under representations that it 
was a food consisting solely of orange juice. 
ALLEGED VIOLATIONS : The complaint alleged that the defendants caused to be 
introduced and delivered for initroduction into interstate commerce an adulter- 
ated and misbranded food consisting of orange juice with added water and 
sugar.
The complaint alleged further that the defendants caused an act to be done 
with respect to orange juice while held for sale after shipment in interstate 
commerce, which act resulted in orange juice being adulterated and mis- 
branded, namely, the defendants caused water and sugar to be added to the 
juice from oranges, and caused such juice with added water and sugar to be 
sold and distributed as a food consisting solely of orange juice.
The complaint alleged further that the defendants were well aware that 
their acts were in violation of the law, having been so warned by Food and 
Drug Inspectors, seizure action, and litigation in the Federal Courts, civil and 
criminal. 
LABEL IN PART:    (Btls. and ctns.)    "Homogenized Orange Juice."
CHARGE: 402(b) (2)—when shipped and while held for 'sale, water, sugar, and 
concentrate had been substituted in part for orange juice; 402(b) (4)—water 
and sugar had been added to and mixed with so much juice so as to increase 
its bulk and reduce its quality and strength; 403 (a)—the labeling of the article 
contained false and misleading representations that such food consisted solely 
of orange juice; 403(b)—the article was offered for sale under the name of 
another food; and 403 (i) (2)—the label of the article failed to bear the common 
or usual name of each ingredient.
DISPOSITION : On 5-4-61, a temporary restraining order was issued by the court 
and on 5-25-61, a preliminary injunction was filed. On 6-18-65, a consent 
decree of permanent injunction was filed which enjoined the defendants from 
directly or indirectly doing the following acts:
A. Introducing or causing to be introduced or delivering or causing to be 
delivered for introduction into interstate commerce, any food which is repre- 
sented as "orange juice," "fresh orange juice," "pure orange juice," or "pure 
fresh orange juice," or any similar designation, and which purports to be or is 
in any manner represented as a food consisting solely of orange juice, as such
product is identified in the regulations, and to which has been added water 
and/or sugar and/or ascorbic acid and/or any orange juice concentrate or any 
other substance; and
B. Doing, or causing to be done, any act with respect to any food (a) 
received in interstate commerce, or (b) prepared from oranges or orange juice 
products received in interstate commerce, to which has been added water 
and/or sugar and/or ascorbic acid and/or any orange juice concentrate 
and/or any other substance, and which results in such food being held, repre- 
sented, sold, or distributed as a food which is designaited as "orange juice," 
"fresh orange juice," "pure orange juice," or "pure fresh orange juice," or any 
similar designation, and which purports to be or is in any manner represented 
as a food consisting solely of orange juice, as such product is identified in the 
regulations; and
0. Introducing or causing to be introduced or delivering or causing to be 
delivered for introduction in interstate commerce, any product which is repre- 
sented to be or purports to be an orange juice product for which a standard 
and definition of identity is in effect, pursuant to 21 U.S.O. § 341, unless such 
product complies in all respects with such definition and standard of identity; 
and
D. Doing or causing to be done any act with respect to any food (a) received 
in interstate commerce or (b) prepared from oranges or orange juice products 
received in interstate commerce, which results in such food being held, repre- 
sented, sold, or distributed as an orange juice product for which a definition 
and standard of identity is in effect, pursuant to 21 U.S.O. § 341 unless such 
food complies in all respects with such definition and standard of identity.
The injunction provided further that nothing therein was to be deemed as 
prohibiting the defendants from introducing or causing to be introduced or 
causing to be delivered for introduction into interstate commerce, any product 
provided under the orange juice and orange juice products definitions and 
standards of identity heretofore or hereafter promulgated by the Food and 
Drug Administration, Department of Health, Education, and Welfare; this 
included but was not limited to "orange juice," "pasteurized orange juice," 
"heat processed orange juice," "heat stabilized orange juice," "reconstituted 
orange juice," or "orange juice from concentrate" as identified by regulations.
VEGETABLES AND VEGETABLE PRODUCTS*