21368. Adulteration  and Misbranding of vanilla flavor.     U.  S.  v.  Elwood
J. Goodier (Universal Laboratories).    Flea of guilty.     Fine, SIOO.
(F. & D. no. 30174.    I.S. no. 22346.)
This case was based on an interstate shipment of a product labeled to convey 
the impression that it was vanilla flavor. Examination of the article showed 
that it was an imitation vanilla flavor.
On June 7, 1933, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Elwood J. Goodier, trading as Universal Labora- 
tories, Dallas, Tex., alleging shipment by said defendant in violation of the 
Food and Drugs Act, on or about February 11, 1932, from the State of Texas 
into the State of Montana, of a quantity of vanilla flavor which was adulterated 
and misbranded. The article was labeled in part: " Goodier's De Luxe * * * 
Vanilla Flavor   *   *   *   Manufactured By Universal Laboratories, Dallas."
It was alleged in the information that the article was adulterated in that 
an imitation vanilla flavor had been substituted for vanilla flavor, which the 
article purported to be.
Misbranding was alleged for the reason that the statement, " Vanilla Flavor ", 
borne in large conspicuous type on the carton and bottle labels, was false and 
misleading, and for the further reason that the article was labeled so as to 
deceive and mislead the purchaser, since the said statements represented that 
it was vanilla flavor, whereas it was an imitation vanilla flavor and the word 
imitation was not stated on the package in which the article was offered for 
sale. Misbranding was alleged for the further reason that the article was 
an imitation of another article and was offered for sale under the distinctive 
name of said other article, viz, vanilla flavor.
On September 25,1933, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.