28521. Adulteration and misbranding of vanilla flavoring; compound.     IT. S. v.
78 Bottles  of Flavoring:  Compound.     Default decree  of condemnation 
and destruction.     (F. & D. No. 41266.    Sample No. 21086-C.)
This product was an artificially colored and flavored imitation vanilla ex- 
tract ; and it contained approximately 5 percent of carbitol, a solvent composed 
of a poison—a glycol or a glycol ether, or both.
On December 27, 1937, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 78 bottles of flavoring 
compound at Worcester, Mass., alleging that the article had been shipped in 
interstate commerce on or about November 6, 1937, from Pawtucket, R. I., by 
Tyler Products Co., and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: "Flavoring Com- 
pound * * * Distributed By The Cunningham Tea Company Worcester, 
Mass."
It was alleged to be adulterated in that imitation vanilla extract, containing 
a glycol or a glycol ether, or both, poisons, had been substituted in whole or in 
part for flavoring compound, a food flavor, which the article purported to be.
Misbranding was alleged in that the statements, "Flavoring Compound" and 
"For Flavoring Ice Cream, Puddings, Cakes, Sauces, Etc.," were false and mis- 
leading and tended to deceive and mislead the purchaser as applied to an imi- 
tation vanilla extract containing a glycol or glycol ether, or both, poisons; and 
in that it was an imitation of another article, vanilla extract.
On January 17, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.