33158. Misbranding- of vanilla extract. V. S. v. 42 Dozen Bottles of Vanilla 
Extract. Decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 18710. I. S. No. 20205-v. S. No. 
W-1511.)
On May 29, 1924, the United States attorney for the District of Montana, 
acting 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 
condemnation of 42 dozen bottles of vanilla extract, at Butte, Mont., alleging 
that the article had been shipped by Stone-Ordean-Wells Co., Duluth, Minn., 
on or about May 6, 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 Alcohol 40% * * * 
Stone-Ordean-Wells Company Duluth."
Misbranding of the article was alleged in the libel for the reason that the 
statements on the labels of the bottles and cartons containing the said article, 
with regard to the measure and content thereof, namely, "Two Fluid Ounces 
Stone's Pure Extract Vanilla, Alcohol 40%," were false and misleading and 
deceived and misled the purchaser, in that the product was short in volume 
and did not contain the volume and content  as labeled.    Misbranding was
alleged for the further reason that the article was [food] in package form and 
the quantity of the contents was not plainly and conspicuously marked on the 
said packages in terms of weight and measure.
On August 25, 1924, the Stone-Ordean-Wells Co., Duluth, Minn., having 
appeared as claimant for the property, 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.
R. W. DTJNJLAP, Acting Secretary of Agriculture.