16969. Misbranding of   imitation   pear   extract   and   imitation   txxtti   fmttS
extx-act.     U.   S.  v.  1  Barrel of  Imitation  Pear Extx-act,  et  al.     De- 
fault decrees of condemnation, fox-feitnre, and destruction.     (P. &
D. Nos. 23870, 23871.    S. Nos. 1489, 1490.)
On or about December 28, 1928, the United States attorney for the Northern 
District of Texas, filed in the District Court of the United States for said 
district libels praying seizure and condemnation of 3 barrels of imitation pear 
extract and 1 barrel of imitation tutti fruiti extract, remaining in the original 
unbroken packages at Dallas, Tex., alleging that the articles had been shipped 
by the Interstate Drug Co., from New York, N. Y.,- in part on or about August 8, 
1926, and in part on or about August 28, 1926, and transported from the State 
of New York into the State of Texas, and charging misbranding in violation of 
the food and drugs act.
It was alleged in the libels that the articles were misbranded in that they 
were labeled and branded, " Imitation tutti fruiti flavoring extract," " Imitation 
pear flavoring extract," and " Imitation pear extract," so as to deceive and mis- 
lead the purchaser, that is to say, they were so labeled and branded as to lead 
the purchaser to believe that they were extracts having the flavor of pear or 
of tutti fruti, as the case might be, and were suitable for use in imparting said 
flavors to articles of food, whereas they were entirely deficient in the flavoring 
elements necessary to impart said flavors, and were entirely without value as 
flavoring extracts.
On May 6, 1929, no claimant having appeared for the property, judgments of 
condemnation and forfeiture were entered, and it was ordered by the court that 
the products be destroyed by the United States marshal.
AKTHUR M. HYDE, Secretary of Agriculture.