28640. Adulteration and misbranding of flavors and imitation flavors. XT. S. v. 1 Gallon of Flavor Compound Raspberry Imitation, et al. Default decrees of condemnation and destruction. (F. & D. Nos. 40915, 40916, 40952, 41185, 41288, 41289, 41334, 41410, 41411. Sample Nos. 46691-C, 61505-C, 61506-C, 62841-C, 62842-C, 65567-C, 71248-C, 71249-C, 126-P, 127-D.) These products consisted in large part of a glycol, or a glycol ether, or both, poisons. Between November 23, 1937, and January 18, 1938, four United States attor- neys, acting upon reports by the Secretary of Agriculture, filed in their respec- tive district courts libels praying seizure and condemnation of a total of 7 gallons of flavors and imitation flavors in various lots at Memphis, Tenn.; Lexington, N. C.; Pittsburgh and Philadelphia, Pa.; and Denver, Colo. The libels alleged that the articles had been shipped in interstate commerce between October 1 and December 1, 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 Bros. Inc., New York." The articles 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 food flavors, which they purported to be. All lots, with the exception of one lot of imitation wild cherry, were alleged to be adulterated further in that they contained an added poisonous or deleterious ingredient, a glycol, or a glycol ether, or both, which might have rendered them injurious to health. Misbranding was alleged in that the following statements on the labels 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: "Flavor Compound Raspberry Imitation," "Flavor Compound Strawberry Imitation," "Flavor Tutti Frutti Imitation," "Flavor Wild Cherry Imitation," "Flavor Com- pound * * * Wild Cherry," "Flavor Pineapple Imitation," "Flavor Passion Fruit Imitation," and "Flavor Root Beer Number 2." Certain lots were alleged to be misbranded further in that they were offered for sale under the distinctive names of other articles, imitation wild cherry, tutti fruiti, pineapple, passion fruit, and root beer flavors. On various dates between January 4 and March 1, 1938, no claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed. W. R. GBEGG, Acting Secretary of Agriculture.