1392. Adulteration and misbranding of butter flavor.    TJ. S. v. 17 Gases of Butter
Flavor.    Default decree of condemnation and order of destruction.     (F.
D. C. No. 1468.    Sample No. 83317-D.)
This product was an imitation butter flavor and, with the exception of a 
portion labeled "Clear," was artificially colored with Yellow OB, a coal-tar 
color.
On February 10, 1940, the United States attorney for the District of Idaho 
filed a libel against 17 cases of butter flavor at Lewiston, Idaho, alleging that 
the article had been shipped in interstate commerce on or about March 17, 
1938, from Seattle, Wash., by Fortune Transfer Co. for the Pacific Nut Co.; 
and charging that it was adulterated and misbranded. The article was all 
labeled in part: (Bottle) "Baker Boy Brand True Butter * . * * Pacific 
Nut Co. Seattle Wash." Some of the bottles bore the statement "Butter Color 
Added" on the label and others bore the word "Clear" on the cap.
The article was alleged to be adulterated in that imitation butter flavor 
containing artificial flavor, a portion of which also contained artificial color, 
had been substituted for "True Butter Flavor," which' it purported to be.
It was alleged to be misbranded in that the statements, "True Butter Flavor" 
and "Complies with all Pure Food Laws," were false and misleading as applied 
to imitation butter flavor not labeled in compliance with the act. It was alleged 
to be misbranded further in that it was an imitation of another food and its 
label did not bear in type of uniform size and prominence the word "Imitation" 
and immediately thereafter the name of the food imitated. It was alleged to 
be misbranded further in that it contained artificial flavor, and in some in- 
stances artificial coloring, and the label did not state those facts.
On March 8, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.