28556. Adulteration and misbranding of imitation vanilla flavor. U. S. v. 1 
Keg of Imitation Vanilla Flavor (and 2 other seizures of the same 
product).    Default decrees of condemnation and destruction.     (F. & D.
Nos. 40891, 40906, 40908.    Sample Nos. 48086-C, 48432-C, 48434-C.)
One lot of this product contained about 10 percent of diethylene glycol, a 
poison; the other two lots contained 12 percent and 20 percent, respectively, of 
diethylene glycol monoethyl ether, a poison.
On November 22 and 23, 1937, the United States attorneys for the District 
of Columbia and the Northern District of West Virginia, acting upon reports 
by the Secretary of Agriculture, filed in their respective district courts libels 
praying seizure and condemnation of one 5-gallon keg and one quart bottle of 
imitation vanilla flavor at Washington, D. C. and one gallon bottle of the prod- 
uct at Charles Town, W. Va. The libels alleged that the 5-gallon keg had been 
shipped by the H. L. Piel Co. from Baltimore, Md., into the District of Columbia 
on or about November 9, 1937; that the gallon bottle had been shipped by the 
H. L. Piel Co. from Baltimore, Md., into the State of West Virginia, on or 
about September 15, 1937, that the quart bottle was being offered for sale and 
sold in the District of Columbia in the possession of the Pennsylvania Avenue 
Cafe, Washington, D. C, and charged that the article was adulterated and 
misbranded in violation of the Food and Drugs Act. It was labeled in part: 
Tielex * * * Imitation Vanilla Flavor * * * A Product of the H. L. 
Piel Co., Baltimore, Maryland."
One lot was alleged to be adulterated in that a poisonous substance, diethy- 
lene glycol, had been substituted in part for imitation vanilla flavor, an article 
sold for food use, which it purported to be; the other lots were alleged to be 
adulterated in that a product containing diethylene glycol monoethyl ether, a 
poison, had been substituted for imitation vanilla flavor, which the article pur- 
ported to be. They were alleged to be adulterated further in that they con- 
tained an added poisonous or deleterious ingredient, which might have rendered 
them injurious to health.
All lots were alleged to be misbranded in that the statement borne on the 
label, "Imitation Vanilla Flavor," was false and misleading and tended to 
deceive and mislead the purchaser.
On January 5 and February 15, 1938, no claimant having appeared, judg- 
ments of condemnation were entered and the product was ordered destroyed.
W. R. GKEGG, Acting 'Secretary of Agriculture.