28626. Adulteration and misbranding of Fritzbro Solvent.    U. S. v. 1 Drum of
Fritzbro Solvent V (and 43 other seizure actions against similar 
products).    Default decrees of condemnation and destruction.     (F. & D.
Nos. 40868, 40869, 40949, 41008, 41046, 41076, 41082, 41083, 41085, 41086, 
41090, 41094, 41095, 41097, 41098, 41104, 41105, 41110, 41115, 41118, 41119, 
41123, 41138, 41155, 41170, 41171, 41173, 41191, 41192, 41205, 41208, 41210, 
41211, 41218, 41220, 41223, 41225 to 41228, incl., 41231, 41254, 41269, 41285, 
41286, 41295, 41313, 41321. Sample Nos. 38472-C, 44286-C, 44292-C, 44295-C, 
45041-C, 45259-C, 45837-C, 45838-C, 46653-C to 46656-C, Incl., 46690-C, 
47294-C, 47297-C, 47594-C, 47595-C, 48554-C, 48558-C, 48559-C, 48766-C, 
50555-C, 50556-C, 51675-C, 52166-C, 52320-C, 52321-C, 53580-C, 54367-C 
55088-C, 55090-C, 55091-C, 55256-C, 55502-C, 60600-C, 60602-C, 60671-C 
60697-C, 61418-C, 65165-C, 65445-C, 69032-C, 71067-C, 71225-C, 71229-C, 
71230-C, 71232-C, 71304-C, 71754-C, 73051-C.)
The solvents identified as "No. 1" and "No. 1 Special" consisted of a poison— 
a glycol or a glycol ether, or both. That identified as "Solvent V" consisted of 
diethylene glycol, which also is a poison.
On various dates between November 18, 1937, and January 5, 1938, libels 
were filed in 23 United States district courts by the respective United States 
attorneys, acting upon reports by the Secretary of Agriculture, against a 
total of 1,177 pounds, and approximately 71 gallons of Solvent No. 1, 48% 
gallons of Solvent No. 1 Special, and 2,826 pounds and 118% gallons of Sol- 
vent V in various lots at Philadelphia, Pittsburgh, Scran ton, Harrisburg, and 
York, Pa.; Denver, Colo.; Atlanta and Macon, Ga.; Salt Lake City, Utah; San 
Francisco, Sunnyvale, and Los Angeles, Calif.; Somerville, Maiden, and Fox- 
boro, Mass.; Paterson and Bridgeton, N. J.; Houston, Tex.; New Orleans, La.; 
Tampa, Miami, and St. Petersburg, Fla.; Pawtucket, R. I.; Dayton and Cin- 
cinnati, Ohio; Cedar Rapids, Iowa; Seattle, Wash.; St. Louis and Kansas 
City, Mo.; Baltimore, Md.; Lincoln, Nebr.; and Birmingham, Ala. The libels 
alleged that the articles had been shipped in interstate commerce between 
March 9 and November 14, 1937, from New York, N. Y., by Fritzsche Bros., 
Inc., and charged adulteration and misbranding in violation of the Food and 
Drugs Act. Portions of the articles were labeled in part: "Fritzsche Brothers 
[or "Fritzsche Brothers, Inc."] New York."
They were alleged to be adulterated in that a glycol or a glycol ether, or 
both, poisons, had been substituted in whole or in part for Fritzbro Solvent 
No. 1, Fritzbro Solvent V, and Fritzbro Solvent No. 1 Special, food-flavor 
solvents, which they purported to be.
Misbranding was alleged with respect to all lots, with the exception of a 
few that were unlabeled at the time of seizure, in that the statements, "Solvent 
No. 1," "Solvent V," and "Solvent No. 1 Special," 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 solvents.
All the products except one small lot of Solvent No. 1 were alleged to be 
misbranded in that they were sold or offered for sale under the distinctive 
names of other articles, Solvent No. 1, Solvent V, and Solvent No. 1 Special, 
food-flavor solvents.
On various dates between December 15, 1937, and May 12, 1938, no claim- 
ant having appeared, judgments of condemnation were entered and the prod- 
ucts were ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.