11215.?Adnlteration and misbranding of color.    V. S. v. 9 Pounds of Color.
Default decree ordering the destruction of the product.     (F. & L>.
No. 15S75.    S. No. &-3749.)?
On January 16, 1922, the United States attorney for the Eastern District of?
Virginia, acting upon a report by the Secretary of Agriculture, filed in the
120	
BUREAU  OF   CHEMISTRY.	
[Supplement 155,
District Court of the United States for said district a libel for the seizure and?
condemnation of 9 pounds of color, remaining unsold in the original packages?
at Norfolk, Va., alleging that the article had been shipped by the Perfection?
Specialty Co., Inc., Baltimore, Md., on or about October 6, 1921, and transported?
from the State of Maryland into the State of Virginia, and charging adultera??
tion and misbranding in violation of the Food and Drugs Act. The article was?
labeled in part: " Certified To the U. S. Dept. .of Agriculture The Perfection?
Specialty Co., Inc. Baltimore Manufacturers of Extracts, Flavorings, Food?
Colors and Emulsions. Certified Egg Shade, Food Color Made from Lot No.?
3655    *    *    *    Artificially Colored."
Adulteration of the article was alleged in the libel for the reason that a?
substance, to wit, salt, had been mixed and packed with the said article and?
substituted wholly or in part therefor.
Misbranding was alleged in substance for the reason that the following state??
ments regarding the article, appearing in the labeling, " Certified To the U. S.?
Dept. of Agriculture * * * Manufacturers of * * * Food Colors * * *?
Certified Egg Shade, Food Color," were false and misleading and deceived and?
misled the purchaser. Misbranding was alleged for the further reason that?
the article was an imitation of and offered for sale under the distinctive?
name of another article.
On July 1, 1922, no claimant having appeared for the property, judgment of?
the court was entered ordering that the product be destroyed by the United?
States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.