28550. Adulteration and misbranding of vanilla and imitation vanilla.    U. S. v.
1 Keg of Vanilla and 1 Half-Barrel of Vanilla Imitation. Decrees of 
condemnation and destruction. (F. & D. Nos. 41546, 41571. Sample Nos. 
808-D, 2456-D.)
These products contained poisons—about 25 percent of a mixture of diethylene 
glycol and ethers of diethylene glycol in the case of the vanilla, and about 23 per- 
cent of diethylene glycol in the case of the imitation vanilla.
On January 28, 1938, the United States attorney for the Northern District 
of Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of one keg of vanilla 
at Atlanta, Ga. On February 1, 1938, a libel was filed against 1 half-barrel of 
imitation vanilla at Nebraska City, Nebr. The libels alleged that the articles 
hat been shipped in interstate commerce on or about September 30, 1937, from 
Cleveland, Ohio, by the Zipp Manufacturing Co., and charged adulteration and 
misbranding in violation of the Food and Drugs Act. The articles were labeled 
in part: "Zipp's Pure Vanilla [or "Vanilla Imitation"]."
The articles were alleged to be adulterated in that substances containing a 
glycol and both a glycol and glycol ethers, poisons, had been substituted in 
whole or in part for imitation vanilla and pure vanilla, respectively, which
they purported to be; and in that they contained added poisonous ingredients, 
a glycol and both a glycol and glycol ethers, respectively, which might have 
rendered them injurious to health.
Misbranding was alleged in that the statements, "Pure Vanilla" and "Vanilla 
Imitation," were false and misleading and tended to deceive and mislead the 
purchaser when applied to articles that contained poisons; and in that they were 
offered for sale under the distinctive names of other articles, Pure Vanilla and 
Vanilla Imitation.
On February 12 and 19, 1938, the claimant for the lot seized at Nebraska 
City, Nebr., having consented to the entry of a decree, and no claimant having 
appeared for the lot seized at A.Atlanta, Ga., judgments of condemnation were 
entered and the products were ordered destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.