28592. Adulteration and misbranding of imitation flavors.    U. S. v. 1 Bottle of
Imitation Pineapple Flavor (and one other seizure action). Default 
decrees of condemnation and destruction. (F. & D. Nos. 41261, 41262, 
Sample Nos. 65564-C, 65565-C.)
These products contained from 60 to 80 percent of carbitol, a solvent com- 
posed of a glycol or a glycol ether, or both, poisons.
On December 27, 1937, the United States attorney for the Western District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 2 bottles of 
imitation flavors at Pittsburgh, Pa., alleging that the articles had been shipped 
in interstate commerce on or about January 19 and September 15, 1937, from 
Cincinnati, Ohio, by Alex Fries Bro., Inc., and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The articles were labeled in 
part: "Fries Tru-Conomy Flavors * * * Pineapple 'F' [or "Peach"] Imita- 
tion Ross and Rowe, Inc., New York, Chicago."
The articles were alleged to be adulterated in that products containing a 
poisonous substance, a glycol or a glycol ether, or both, had been substituted 
in whole or in part for food flavors, which they purported to be; and in that 
they contained an added poisonous ingredient, a glycol or a glycol ether, or 
both, which might have rendered them injurious to health.
They were alleged to be misbranded in that the statements "Pineapple 'F'" 
and "Peach" were false and misleading and tended to deceive and mislead
the purchaser when applied to articles containing a glycol or a glycol ether, 
or both, poisons; and in that they were offered for sale under the distinctive 
names of other articles, food flavors.
On January 25, 1938, no claimant having appeared, judgments of con- 
demnation were entered and the products were ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.