12834. Misbranding of Esterex.    U. S. v. 4 Jugs    *     *    *     (and 1 other seizure
action).    (F. D. C. Nos. 20615, 20634.    Sample Nos. 45206-H, 49056-H.)
LIBELS FILED : August 8 and 20, 1946, Northern District of Texas and Southern 
District of California.
ALLEGED SHIPMENT : On or about July 19, September 21, and October 12, 1945, 
by the C. O. & W. D. Sethness Co., from Chicago, Ill.
PRODUCT: Esterex. 4 1-gallon jugs at Abilene, Tex., and 64 1-gallon bottles 
at Fowler, Calif.
LABEL IN PART : "Cosco Esterex * * * Aqueous Solution of Monochloraeetic 
Acid."
NATURE OF CHARGE: Misbranding, Section 403 (a), the labeling of the article 
was misleading, since the trade mark "Esterex" coupled with the directions 
for use, represented to purchasers that the article was wholesome and suitable 
for use as a component of beverages, whereas the article contained in one 
shipment about 19 percent and in the other shipment about 25 percent, of 
monochloraeetic acid, a poisonous and deleterious substance; and the labeling 
failed to reveal the material fact that the article contained a poisonous and 
deleterious substance.
DISPOSITION: November 26 and December 18, 1946. No claimant having ap- 
peared, judgments of condemnation were entered and the product was ordered 
destroyed.