29345. Adulteration and misbranding of vanilla and lemon extracts and Arova¬
nilla. V. S. v. 30 Dozen Bottles of Vanilla Extract and 17 Dozen 
Bottles of Lemon Extract (and 1 similar seizure action). Default 
decree of condemnation and destruction. (F. & D. Nos. 41638, 41639, 
41641.    Sample Nos. 1329-D, 1330-D, 1331-D.)
These cases involved so-called vanilla and lemon extracts which consisted 
of imitation extracts, the former containing diethylene glycol, a poison, and the 
latter possessing about one-half the flavoring strength of lemon extract; also 
an imitation vanilla extract designated "Arovanilla," which contained diethylene 
glycol.
On or about February 9 and 11, 1938, the United States attorney for the 
Southern District of West Virginia, acting upon reports by the Secretary of 
Agriculture, filed in the district court two libels praying seizure and con- 
demnation of 30 dozen bottles of vanilla extract and 17 dozen bottles of lemon 
extract at Barnabus, W. Va., and one barrel of Arovanilla at Mabscott, W. Va.; 
alleging that the articles had been shipped in interstate commerce on or about 
November 6, 1937, and January 3 and 14, 1938, from Norfolk, Va., by Interstate 
Manufacturing Co.; and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The articles were labeled in part: "Fine's Eagle 
Brand Pure Vanilla [or "Lemon"] Extract * * * Bottled By Interstate 
Mfg. Co., Norfolk, Va."; or "Arovanilla * * * Mfd. By The Interstate 
Mfg. Co., Norfolk, Va."
Adulteration was alleged in that an imitation vanilla containing a poisonous 
substance, a glycol, had been substituted in whole or in part for pure vanilla 
extract; in that an imitation lemon extract deficient in citral content had been 
substituted in whole or in part for pure lemon extract; and in that an imita- 
tion vanilla flavor containing a poisonous substance, a glycol, had been sub- 
stituted for Arovanilla, a food flavor. The vanilla and lemon extracts were 
alleged to be adulterated further in that they had been mixed and colored 
in a manner whereby inferiority was concealed.
Misbranding was alleged in that statements on the several labels were false 
and misleading and tended to deceive and mislead the purchaser when applied 
to articles which consisted: (In the case of the so-called vanilla) of an imita- 
tion vanilla containing vanillin, coumarin, and caramel coloring, little, if any, 
vanilla extract, and no alcohol, and containing diethylene glycol, a poison; in the 
case of the so-called lemon of an imitation lemon extract containing no lemon oil, 
artificially flavored with citral, artificially colored with a coal-tar dye, and with 
a flavoring strength of not over one-half that of lemon extract; and in the case 
of the Arovanilla of an imitation vanilla flavor containing a glycol, a poison.
Misbranding was alleged further in that the articles were imitations of and 
were offered for sale under the distinctive names of other articles.
On April 14 and May 10, 1938, no claimant having appeared, judgments of 
condemnation were entered and the products were ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.