7052. Misbranding of lemon flavoring substitute and vanilla flavoring 
substitute and adulteration and misbranding of vanilla flavoring. 
U.    S.    *    *    *    v.   William    A.    Siiull    (Velvetta    Mfg.    Co.).     Plea    of
guilty.    Fine, $50.    (F. & D. No. 9598.    I. S. Nos. 3210-p, 15414-r, 15415-r, 
15419-r.)
On April 28, 1919, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district an information against 
William A. Shull, trading as the Velvetta Mfg. Co., Philadelphia, Pa., alleging 
shipment by said defendant, in violation of the Food and Drugs Act, as amended, 
on or about June 19, 1918, from the State of Pennsylvania into the State of Vir- 
ginia of quantities of lemon flavoring substitute and vanilla flavoring substitute 
which were misbranded, on or about July 26, 1918, from the State of Pennsyl- 
vania into the State of Virginia, of a quantity of lemon flavoring substitute 
which was "misbranded, and on or about July 6, 1917, from the State of Penn- 
sylvania into the District of Columbia, of a quantity of vanilla flavoring which 
was adulterated and misbranded. The substitutes were labeled, in part, 
"Velvet Brand Lemon (or Vanilla) Flavoring Mother's Favorite Contents 
li Fl. Ozs; Substitute." The vanilla flavoring was labeled, in part, "Velvet 
Brand Vanilla Flavoring Mother's Favorite Guaranteed Absolutely Pure 
Contents IJ Fl. Ozs."
Examination and analysis of samples of the articles by the Bureau of 
Chemistry of this department showed the following results:
The average net contents of 24 bottles of the lemon flavoring substitute in the 
shipment of June 19, 1918, was 1.34 fluid ounces, and in the shipment of July 
26, 1918, 1.40 fluid ounces, and that of 24 bottles of the vanilla flavoring substi- 
tute
' was 1.43 fluid ounces.
VANILLA   FLAVORING.
Coumarin (gram per 100 cc.) 
,     0.08
Vanillin (gram per 100 cc.) 
____:       .29
Ash (grain per 100 cc:> 
-      .03
Normal lead number 
. 06
Color insoluble in amyl alcohol (per-cent)- ? __ 66
Alcohol: None.
Resins: Absent.
Average net contents 6 bottles (fluid ounces) 
1.32
Misbranding of the lemon flavoring substitute and the vanilla flavoring substi- 
tute was alleged in the information for the reason that the statement, to wit, 
" Contents li Fl. Ozs.," borne on the labels attached to the bottles containing the 
article, regarding it, was false and misleading in that it represented that each 
of said bottles contained IJ fluid ounces of the article, and for the further rea- 
son that it was labeled as aforesaid so as to deceive and mislead the purchaser 
into the belief that each of said bottles contained li fluid ounces of the article, 
whereas, in truth and in fact, each of said bottles did not contain Ji fluid ounces 
? of the. article, but contained a less amount.   Misbranding- of the article was al-
leged for the further reason that it was food in package form, and the quantity 
of the contents was not plainly and conspicuously marked on the outside of the 
package.
Adulteration of the vanilla flavoring was alleged for the reason that a sub- 
stance, to wit, an aqueous solution of vanillin and coumarin artificially colored, 
had been substituted in whole or in part for vanilla flavor, which the article 
purported to be.
Misbranding of the article was alleged for the reason that the statements, to 
wit, "Vanilla Flavoring" and "Contents li Fl. Ozs.," borne on the labels at- 
tached to the bottles containing the article, regarding it and the ingredients and 
substances contained therein, were false and misleading in that they represented 
that said article was vanilla flavoring; that each of said bottles contained li 
fluid ounces of the article, gfcd for the further reason that it was labeled as 
aforesaid so as to deceive and mislead the puixhaser into the belief that it was 
vanilla flavoring, and that each of said bottles contained 11 fluid ounces of the 
article, whereas, in truth and in fact, it was not vanilla flavoring, but was an 
aqueous solution of vanillin and coumarin artificially colored, and each of said 
bottles did not contain 14 fluid ounces of the article, but contained a less amount; 
and for the further reason that the article was an aqueous solution of vanillin 
and coumarin artificially colored, prepared in imitation of vanilla flavoring, and 
was offered for sale and sold under the distinctive name of another article, to 
wit, vanilla flavoring. Misbranding of the article was alleged for the further 
reason that it was food in package form, and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the package. '
On April 30, 1919, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $50.
B. D. BALL, 
Acting Secretary of Agriculture.