19089. Adulteration and Misbranding of vanilla flavor.    U. S. v. 12 Dozen
Bottles  of  Vanilla.    Default   decree  of  condemnation,  forfeiture, , 
and destruction.     (F. & D. No. 26839.    I. S. No. 33762.    S. No. 5020.) I
Examination of samples of vanilla flavor from the shipment herein de- 
scribed having shown that the product was an imitation and that the bottles 
contained less than the declared volume, the Secretary of Agriculture reported 
the matter to the United States attorney for the Western District of Virginia.
On August 7,1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemnation 
of 12 dozen bottles of vanilla flavor, remaining in the original unbroken 
packages at Rocky Mount, Va., alleging that the article had been shipped on 
or about June 12, 1931, by the Yerkes Chemical Co. (Inc.) from Winston-Salem, 
N. C, and had been transported in interstate commerce from the State of 
North Carolina into the State of Virginia, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: "Yerkes Brand.   *   *   *   Contents 6 Ozs.   Compound Vanilla Flavor
* *   *   Manufactured and Guaranteed by Yerkes Chemical Company, Inc.
* *    *    Winston-Salem, N. C."
Adulteration was alleged in that an imitation vanilla flavor had been sub- 
stituted for the article. Adulteration was further alleged in that the article 
had been colored in a manner whereby its inferiority was concealed.
Misbranding was alleged for the reason that the statements, " Contents 6 Ozs. 
Compound Vanilla Flavor," borne on the label, were false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for the further 
reason that the article was offered for sale under the distinctive name of 
another article, and for the further reason that it was in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package, since the statement made was incorrect.
On January 7, 1932, 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.
AETHTTB M. HTDB, Secretary of Agriculture.