NOTICE  OF JUDGMENT  NO. 2198.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION   AND   MISBRANDING   OF   VANILLA   EXTRACT.
On July 16, 1912, the United States Attorney for the District of 
North Dakota, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district a libel 
for the seizure and condemnation of 420 boxes, each containing 12 
two-ounce bottles of vanilla extract remaining unsold in the original 
unbroken packages and in possession of the Fargo Mercantile Co., 
Fargo, N. Dak., alleging that the product had been shipped on or 
about April 9, 1912, by the Steinwender-Stoffregen Coffee Co., 
St. Louis, Mo., and transported from the State of Missouri into the 
State of North Dakota, and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The product was labeled: 
(On cases) "About 2 ounces Diamond Sheaf Brand Pure Extract 
of Vanilla. Alcohol 40 per cent. Packed for Fargo Merc. Co. 
Fargo, N. D." (On cartons) "About 2 ounces Diamond Sheaf Brand 
Extract of Vanilla. Alcohol 40 per cent for flavoring Ice-cream, 
Jellies, Custards, Sauces, etc. Manufactured for Fargo Mercantile 
Co. Fargo, N. D. To consumer. These extracts are manufactured 
in accordance with the Pure Food Laws of all States, and are of extra 
strength and quality, Fargo Mercantile Co., Fargo, N. D. For 
flavoring ice cream, jellies, custards, etc." (On bottles) "Two oz 
net Diamond Sheaf Brand Pure Extract of Vanilla. Alcohol 40 
per cent.    Packed for Fargo Merc. Co. Fargo, N. D."
Adulteration of the product was alleged in the libel for the reason 
that although it purported and was represented to be pure extract of 
vanilla, in truth and in fact it was not so, but was a substance con- 
taining a dilute extract of vanilla so mixed and packed with other 
and inferior substances as to reduce, lower, and injuriously affect the
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quality and strength of the product, and other substances inferior to 
the pure extract of vanilla had been substituted therein for pure 
vanilla extract. Misbranding was alleged for the reason that the 
labels on the product falsely stated and represented that the con- 
tents of the bottles was pure extract of vanilla and that it was manu- 
factured in accordance with the pure food laws of all States and that 
it was of extra strength and purity, although in truth and in fact it 
was a diluted and adulterated extract of vanilla and was not manu- 
factured in accordance with the pure food laws of any State and was 
of a strength and quality greatly inferior to pure extract of vanilla, 
and said false statements and representations on the labels were 
false and untrue and tended to mislead and deceive the purchaser of 
the product.
On August 9, 1912, the said Steinwender-Stoffregen Coffee Co., 
claimant, having filed their petition, offering to pay all costs of the 
proceeding and to execute bond in conformity with section 10 of the 
Act, it was ordered by the court that upon filing of said bond in the 
sum of $500 and the payment of the costs the product should be 
released and delivered to said claimants and that the proceedings 
should be dismissed.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, January 11. 1913.
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