16976. Misbranding of imitation apricot flavoring extract.    V. S. v. 3 Bar 
rel*   of   Imitation   Apricot    Flavoring    Extract.     Default    decree    of 
condemnation, forfeiture, and  destruction.     (F.  & D.  No.  23869.    S.
No. 1488.)
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 dis- 
trict a libel praying seizure and condemnation of 3 barrels of imitation apricot 
flavoring extract, remaining in the original unbroken packages at Dallas, Tex., 
alleging that the article) had been shipped by the Harwood Drug Co., from 
New York, N. Y., on or about July 24, 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 libel that the article was misbranded in that it was 
labeled and branded, " Imitation apricot flavoring extract," so as to deceive and 
mislead the purchaser, that is to say, the article was so labeled and branded 
as to lead the purchaser to believe that it was an extract having the flavor of 
apricot, and suitable for use in iniparting the flavor of apricot to articles of 
food, whereas it was entirely deficient in the flavoring element necessary to 
impart the apricot flavor, and was entirely without value as a flavoring 
extract.
On May 6, 1929, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of AffrwuZture.