16972. Misbranding of  imitation  allspice   extract.     TJ.   S.  v.  40   Cartons   of
Imitation Allspice Extract.    Default decree of condemnation, for- 
feiture, and destruction.     (F. & D. No. 23866.    S. No. 1485.)
On or about December 28, 1928, the United States attorney for the Northern 
District of Texas, filed in the District Court of the United States for said district 
a libel praying seizure and condemnation of 40 cartons of imitation allspice 
.extract, remaining in the original unbroken packages at Dallas, Tex., alleging 
that the article had been shipped by the Mott-Haven Drug Co., New York, 
N. Y., on or about August 28, 1926, and transported from the State of New York 
into the State of Texas, and charging misbranding in violation of the food and 
drugs act.
It was alleged in the libel that the article was misbranded in that it was 
labeled and branded, " Allspice Flavoring Extract," so as to deceive and mis- 
lead the purchaser to believe that it was an extract having the flavor of allspice 
and suitable for use in imparting the flavor of allspice to articles of food, 
whereas it was entirely deficient in the flavoring element necesary to impart 
the allspice flavor, and was entirely without value as a flavoring extract.
On May 6, 1929, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
AETHUE M. HYDE, Secretary of Agriculture.