1199. Misbranding of vanilla extract.   IJ. S. v. 20 Cases of Vanilla Extract.    Con¬
sent decree of condemnation. Cartons ordered destroyed and product 
silvered to claimant.    (F. D. C. No. 1904.    Sample No. 18131-E.)
The height of the carton of this product was 6 inches while that of the 
bottle was only 4% inches; and the statement of the quantity of contents on the 
cartons was inconspicuous since it appeared on the top and bottom panels.
On or about May 1, 1940, the United States attorney for the Eastern 
District of Washington filed a libel against 20 cases of vanilla extract at 
Spokane, Wash., alleging that the article had been shipped in interstate com- 
merce on or about September 16, 1939, by Wadhams & Co. from Portland, 
Oreg.; and charging that it was misbranded. It was labeled in part: "June 
Brand Pure Extract Vanilla. Packed Expressly For The McClintock-Trunkey 
Co."
The article was alleged to be misbranded in that its containers (cartons) 
were so made, formed, or filled as to be misleading; and in that the statement 
of quantity of contents required by law to appear on the labeling was not 
prominently placed thereon with such conspicuousness (as compared with other 
words, statements, designs, or devices, in the labeling) as to render it likely 
to be read by the ordinary individual under customary conditions of purchase 
and use.
On June 1, 1940, the McClintock-Trunkey Co., Spokane, Wash., claimant, 
having admitted the allegations of the libel, judgment was entered condemning 
and forfeiting the product. It was ordered, however, that upon destruction 
of the cartons under the supervision of the Food and Drug Administration 
and the payment of costs of the proceedings, the product be delivered to 
the claimant.
SPICES