28589. Adulteration and misbranding of Gly-Ketol and Glyco-Ester.    U. S. v. 50
Gallons of Gly-Ketol and 50 Pounds of Glyco-Ester. Default decrees of 
condemnation and destruction. (F. & D. Nos. 4Ill1, 41112. Sample Nos. 
47588-C, 47589-C.)
The Gly-Ketol consisted of carbitol, a solvent composed of a glycol or a glycol 
ether, or both, poisons; and the Glyco-Ester consisted of diethylene glycol, a 
poison.
On December 16, 1937, the United States attorney for the Southern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 50 gallons of Cap- 
itol and 50 pounds of Glyco-Ester at Cincinnati, Ohio, consigned about Septem- 
ber 18 and November 5, 1937, alleging that the articles had been shipped in 
interstate commerce from New York, N. Y., by Fries Bros., and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
Glyeo-Ester was labeled in part: "Fries Bros. New York."
The articles were alleged to be adulterated in that a poisonous substance, a 
glyeol or a glycol ether, or both, had been substituted in whole or in part 
for food-flavor solvents, which they purported to be.
Misbranding was alleged in that the names "Gly-Ketol" and "Glyco-Ester," 
borne on the labels, were false and misleading and tended to deceive and 
mislead the purchaser when applied to poisons unfit for use as food-flavor 
solvents; and in that they were sold under the distinctive names of other 
articles, food-flavor solvents.
On March 16, 1938, no claimant having appeared, judgments of condemnation 
were entered and the products were ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.