28539. Adulteration and misbranding of imitation flavors.    U. S. v. 2 Gallons of
Imitation Fruit Flavors.    Default decree of condemnation and destruc- 
tion.     (F. & D. Nos. 41055, 41056.    Sample Nos. 65156-C, 65157-C.)
These products contained 60 and 61 percent, respectively, of a glycol or a 
glycol ether, which are poisons.
On December 9, 1937, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 2 gallons of 
imitation flavors at Philadelphia, Pa., alleging that the articles had been shipped 
in interstate commerce on or about October 2, 1937, from Guttenberg, N. J., 
by Polak & Schwarz, Inc., and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act. The articles were labeled in part: "Polak & 
Schwarz, Inc., New York   *    *    *."
The articles were alleged to be adulterated in that products containing a 
glycol or a glycol ether, a poison, had been substituted wholly or in part for con-
centrated imitation peach or strawberry flavors, which they purported to be; 
and in that they contained an added poisonous or deleterious ingredient, to wit, 
a glycol or a glycol ether, which might have rendered them harmful to health.
Misbranding was alleged in that the statements. "Concentrated Imitation 
Peach Flavor" and "Concentrated Imitation Strawberry Flavor," were false 
and misleading and tended to deceive and mislead the purchaser when applied 
to articles containing a glycol or a glycol ether, a poison.
On January 21, 1938, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.