2816. Adulteration  and misbranding of vanilla  extract.    XJ.  S. v. 23  Cases  of
Vanilla Extract (and 3 other seizures of vanilla extract). Consent 
decree of condemnation. Product ordered released under bond to be 
relabeled. (F. D. C. Nos; 3973 to 3975, incl. Sample Nos. 46606-E, 46607-E, 
46902-E.)
This case was based on the return .shipment of three lots of vanilla extract 
that contained added resins not found in genuine vanilla extract.
On March 19, 1941, the United States attorney for the Southern District .of 
New York filed libels against 64 cases, each containing 24 8-ounce bottles, and 
4 cases, each containing 30 8-ounce bottles, of vanilla at New York, N. Y., 
alleging that the article had been shipped from Fort George G. Meade, Md., 
and from Trenton, N. J., on or about January 20 and 28, 1941; and charging 
that it was adulterated and misbranded. It was labeled in part: "Pure Extract. 
Vanilla   *    *   *   Distributors Huguenot Laboratories  Mount Vernon, N. Y."
The article was alleged to be adulterated (1) in that an imitation vanilla 
extract containing resinous substances hot found in genuine vanilla extract 
had been substituted wholly or in part for pure extract vanilla; (2) in that 
inferiority had been concealed through the addition of foreign resins; and (3) in 
that fOTeign resins had been added thereto or mixed or packed therewith so as 
to make it appear better or of greater value than it was.
It was alleged to be misbranded (1) in that the statement "Pure Extract 
Vanilla" was false and misleading as applied to an imitation vanilla extract 
containing resinous substances not found in genuine vanilla extract; (2) in 
that it was offered for sale under the name of another food; and (3) 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 there- 
after, the name of the food imitated.
On September 9, 1941, the cases having been consolidated and Arthur C.
Herbert, claimant, having admitted the allegations of the libels, judgment of
condemnation was entered and the product was ordered released under bond
. conditioned that it be relabeled under the supervision of the Food and Drug
Administration so that it comply with the law.