30194. Adulteration and misbranding of vanilla extract.    U. S. v. 3,216 Bottles
of Vanilla Extract. Decree -of condemnation. Product released under 
bond to be relabeled. (F. & D. Nos. 44530, 44531. Sample Nos. 41632-D, 
41633-D.)
This product was represented to be pure vanilla extract; whereas it was a 
hydroalcoholic solution of artificial vanilla flavor containing little or no true 
vanilla extract.
On December 15, 1938, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 3,216 bottles of 
vanilla extract at Lancaster, Pa.; alleging that the article had been shipped in 
interstate commerce on or about November 14, 1938, by Certified Extracts, Inc., 
from New York, N. Y.; and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: "Plee-Zing Pure 
Vanilla Extract."
It was alleged to be adulterated in that a hydroalcoholic solution of artificial 
vanilla flavor which contained little or no true vanilla extract had been sub- 
stituted in whole or in part for pure vanilla extract, which it purported to be; 
and in that it had been mixed in a manner whereby inferiority 'was concealed.
Misbranding was alleged in that the statement "Guaranteed to comply with all 
state and national pure food laws" was misleading since it created the impres- 
sion that the article had been examined and approved by the Government; 
that the Government guaranteed that it complied with the law, and that it 
did so comply, whereas it had not been approved, was not guaranteed by the 
Government, and did not comply with the law. Misbranding was alleged further 
in that the statement, (carton) "Pure Vanilla Extract This Extract is care- 
fully prepared from the purest ingredients," and (bottle) "Pure Vanilla Extract," 
were false and misleading and tended to deceive and mislead the purchaser when 
applied to an article that was a hydroalcoholic solution of artificial vanilla flavor 
which contained little or no true vanilla extract; and in that it was an imita- 
tion of and was offered for sale under the distinctive name of another article.
On January 30, 1939, Certified Extracts, Inc., having appeared as claimant, 
judgment of condemnation was entered and the product was ordered released 
under bond conditioned that it be relabeled.
HABKT L. BROWN, Acting Secretary of Agriculture.