28601. Adulteration and misbranding of imitation flavor.    IT. S. v. 2 Bottles of
Black Walnut Flavoring. Default decree of condemnation and de- 
struction.     (F. & D. No. 41404.    Sample No. 75708-C.)
This product contained about 50 percent of carbitol, a solvent composed of 
a glycol or a glycol ether, or both, poisons.
On January 13, 1938, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of two bottles of 
black walnut flavoring at Kingston, Pa., alleging that the article had been 
shipped in interstate commerce on or about October 4, 1937, from New York, 
N. Y., by Ross & Rowe, Inc., and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The article was labeled in part: 
"Fries 'Tru-Conomy' Flavors * * * Black Walnut Imitation * * * 
Ross & Rowe, Inc., Sole Distributors, New York, Chicago."
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 in whole 
or in part for a food flavor, which the article 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 "Black 
Walnut Flavoring" was false and misleading and tended to deceive and mis- 
lead 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, a food flavor.
On February 7, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.