28586. Adulteration and misbranding of imitation rum flavor.    U. S. v. 1 Gallon
and 1 Gallon of "Gone. Rum Flavor Imit." Default decrees of con- 
demnation and destruction. (F. & D. Nos. 41468, 41469. Sample Nos. 
7981-D, 7982-D.)
Samples of this product contained 15 and 25 percent, respectively, of carbitol, 
a solvent composed of a glycol or a glycol ether, or both, poisons.
On January 19, 1938, the United States attorney for the District of New 
Jersey, 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 rum 
flavor at Newark, N. J., alleging that the article had been shipped in interstate 
commerce on or about December 4 and 17, 1937, from New York, N. Y., by 
Leonard J. Hymes, and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: "Leonard J. Hymes 
*    *    *    Cone. Rum Flavor Imit.    *    *    *    New York."
It was alleged to be adulterated in that a product containing a poisonous 
substance, a glycol or a glycol ether, or both, had been substituted for "Cone. 
Rum Flavor Imit.," which it purported to be; and in that it contained an added 
poisonous or deleterious ingredient, a glycol or a glycol ether, or both, which 
might have rendered it injurious to health.
The article was alleged to be misbranded in that the statement "Cone. Rum 
Flavor Imit." was false and misleading and tended to deceive and mislead the 
purchaser when applied to an article containing a glycol or a glycol ether, or 
both, poisons; and in that it was offered for sale under the distinctive name of 
another article.
On March 16, 1938, no claimant having appeared, judgments of condemnation 
were entered and the product was ordered destroyed.
W. R. GREGG, Acting Secretary of Agriculture.