28585. Adulteration   and misbranding of   imitation   raspberry,   pineapple,   and
wild cherry essences. U. S. v. 11% Gallons of Imitation Fruit Es- 
sences. Default decree of condemnation and destruction. (F. & D. Nos. 
40892, 40893, 40894.    Sample Nos. 62684-C, 62685-C, 62686-C.)
These products contained monoethyl ether of diethylene glycol, a poison.
On November 22, 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 11^ gallons 
of imitation fruit essences at Philadelphia, Pa., alleging that the articles had 
been shipped in interstate commerce on various dates between September 8 and 
October 22, 1937, from Brooklyn, N. Y., by J. N. Hickok & Son, and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
articles were labeled in part: "J. N. Hickok & Son."
They were alleged to be adulterated in that products containing diethylene 
glycol monoethyl ether, a poison, had been substituted for "Imitation Raspberry 
[or "Pineapple" or "Wild Cherry"] Essence contains Esters, Volatile Oils, Vege- 
table Tincture and Cologne Spirits"; and in that they contained an added 
poisonous or deleterious ingredient, diethylene glycol monoethyl ether, which 
might have rendered them injurious to health.
Misbranding was alleged in that the statements, "Imitation Raspberry [or 
"Pineapple" or "Wild Cherry"] Essence contains Esters, Volatile Oils, Vegetable 
Tincture and Cologne Spirits," were false and misleading and tended to 
deceive and mislead the purchaser when applied to articles containing diethylene 
glycol monoethyl ether.
On January 22, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the products were ordered destroyed.
W. R. GKEGG, Acting Secretary of Agriculture.