28407. Adulteration and misbranding of lemon extract.    IT. S. v. 22 Cartons of
Alleged Lemon Extract.    Default decree of condemnation and destruc- 
tion.     (F. & D. No. 40959.    Sample No. 57145-C.)
This product was a hydroalcoholic solution of a substance other than lemon 
oil that was represented to be pure lemon extract, and the quantity of contents 
was not declared in terms of liquid measure.
On November 30, 1937, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 22 cartons of alleged 
lemon extract at New York, N. Y., alleging that the article had been shipped 
in interstate commerce on or about October 26, 1937, from Fort Sam Houston, 
San Antonio, Tex., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was originally shipped by the Plantation 
Extract Corporation from New York, N. Y., to Fort Sam Houston and was there 
rejected by the Army post. The article was labeled in part: (Bottle) "8 Oz. 
Pure Extract Lemon Tropical Extract Corp. New York"; (carton) "Contents 
8 Ozs.    Pure Extract Lemon Plantation Extract Corp.    New York, N. Y."
The article was alleged to be adulterated in that a hydroalcoholic solution 
of a substance other than lemon oil had been substituted wholly or in part for 
"Pure Extract Lemon," which the article purported to be.
Misbranding was alleged in that the statement "Pure Extract Lemon" was 
false and misleading and tended to deceive and mislead the purchaser; and 
in that the article was food in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package, since 
the statement of contents was ambiguous.
On December 17, 1937, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.