28548. Adulteration and misbranding of imitation lemon flavor. U. S. v. 140 
Bottles of Flavoring Extract. Default decree of condemnation and 
destruction.    (F. & D. No. 41281.   Sample No. 50592-C.)
This product contained a glycol or a glycol ether, or both, poisons, and was 
short in volume.
On December 30, 1937, the United States attorney for the Western District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 140 bottles of 
imitation lemon flavor at Jonesville, La., alleging that the article had been 
shipped in interstate commerce on or about May 25 and December 11, 1937. 
from Natchez, Miss., by the Interstate Coffee Co., and charging adulteration and 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: "Tasty Brand * * * Interstate Coffee Co. * * * 
Natchez, Miss."
It was alleged to be adulterated in that a product containing a glycol or a 
glycol ether, or both, poisons, had been substituted in whole or in part for 
imitation lemon flavoring extract, which the article purported to be; and in that 
it contained an added poisonous or deleterious ingredient, a glycol or a glycol 
ether, or both, which might have rendered it injurious to health.
Misbranding was alleged in that the statements borne on the labels, "Flavor- 
ing Extract Imitation Lemon" and "Contents 4 Fluid Ozs.," were false and 
misleading and tended to deceive and mislead the purchaser when applied to an 
article containing a glycol or a glycol ether, or both, poisons, and which was 
short in volume; in that it was offered for sale under the distinctive name of 
another article; and in that it 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 quantity stated was not correct.
On January 24, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
W. R. GREGG, Acting Secretary of Agriculture.