12887. Misbranding    of    vanilla    extract.     TJ.    S.    v.    34    Dozen    Bottles    of
Vanilla Extract. Consent decree of condemnation and forfeiture. 
Product released under bond; (F. & D. No. 18722.- I. S. No. 20208-v. 
S. No. W-1513.)
On June 7, 1924, the United States attorney for the District of Montana, act- 
ing upon a report by the Secretary of Agriculture, filed in the District Court of 
the United States for said district a libel praying the seizure and condemna-
tion of 34 dozen bottles of vanilla extract, at Great Falls, Mont., alleging that 
the article had been shipped by the Stone-Ordean-Wells Co., Duluth, Minn., on 
or about February 20, 1924, and transported from the State of Minnesota into 
the State of Montana, and charging misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: (Bottle and 
carton) "Two Fluid Ounces Stone's Pure Extract Vanilla Stone-Ordean-Wells 
Company Duluth.   Alcohol 40%."
Misbranding of the article was alleged in substance in the libel for the 
reason that the statement on the bottles and cartons relative to the measure 
and contents thereof, " Two Fluid Ounces Stone's Pure Extract Vanilla Alcohol 
40%," was false and misleading and deceived and misled the purchaser, in that 
the bottles did not contain the volume and content as labeled. Misbranding 
was alleged for the further reason that the article was in package form and 
the quantity of the contents was not plainly and conspicuously marked and 
stated on the outside of the packages in terms of weight and measure.
On August 13, 1924, the Stone-Ordean-Wells Co., Duluth, Minn., having ap- 
peared as claimant for the property and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $500, in conformity with section 10 of the act.
W. M. JARDINE, Secretary of Agriculture.