1198. Misbranding of vanilla, almond, and lemon extracts.   IT. S. v. 2 Gross Boxes
of Vanilla Extract, 21 Boxes of Almond Extract, and 17 Boxes of Lemon 
Extract. Consent decree of condemnation. Product ordered released 
under bond for repacking. (F. D. C. No. 1859. Sample Nos. 10030-E, 
10031-E, 10032-E.)
The cartons containing these products were unnecessarily large, being approx- 
imately 1% inches higher, %6-iuch thicker, and %-inch wider than the bottle 
at its base; and the bottles were narrower at the top than at the base, tapering 
from 1% inches, at the base to 1 inch just below the neck. Furthermore, the 
quantity of the contents was expressed in drams instead of fluid ounces.
On April 25, 1940, the United States attorney for the District of Connecticut 
filed a libel against the above quantities of extracts at Waterbury, Conn., alleging 
that the articles had been shipped in interstate commerce on or about February 1, 
1940
, by the Virginia Dare Extract Co., Inc., from Brooklyn, N. Y.; and charging 
that they were misbranded. The articles were labeled in part: "Virginia Dare 
Pure Vanilla [or "Almond' or "Lemon"'] Extra Strength."
The articles were alleged to be misbranded in that the statement "Guaranteed 
* * * to comply with all national and State Food laws" was false and 
misleading since it was incorrect. They were alleged to be misbranded further 
in that the containers were so made, formed, and filled as to be misleading. 
They were alleged to be misbranded further in that the quantity of the contents 
statement required on the label was not properly placed thereon in such terms 
as to be read and understood by the ordinary consumer, since it was expressed in 
drams instead of fluid ounces.
On June 29, 1940, the Virginia Dare Extract Co., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
products were ordered released under bond conditioned that they be repacked 
so as to comply with the law.