28546. Adulteration and niisbrandingr of assorted flavors.    U. S. v. 149 Bottles
of Assorted Flavors.    Default decree of condemnation and destruction.
(F. & D. No. 41430.   Sample No. 7863-D.)
These products contained an average of about 5 percent of carbitol, a com- 
mercial solvent composed of a glycol or a glycol ether, or both, poisons.
On January 14, 1938, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 149 bottles of assorted 
flavors at Passaic, N. J., alleging that the articles had been shipped in inter- 
state commerce on or about August 6 and November 17, 1937, from New York, 
N. Y., by Viniculture & Ditte Riunite, and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act. The articles were labeled in part: 
"Harlem Flavoring Co.  [or "Viniculture Co."] New York."
The articles were alleged to be adulterated in that products containing a 
glycol or a glycol ether, or both, poisons, had been substituted in whole or in 
part for food flavors, which they purported to be.
Misbranding was alleged in that the designations of the various flavors, 
Arancio, or Latte hi Vecchia, Holland Gin, Brandy, Caffe Sport, Rye, Strega, 
Verdolino, Mescolanza, Marsala, Scotch, Cognac, Cannella, Maraschino, Rum, 
Rosolio, Crema Di cacao, Vermouth, Crema ii menta, Benedettino, Mandarino, 
Anisette, Fragola, or Whiskey, and the statements "For Confectioners Use For 
Non Alcoholic Beverages [or "Non Alcoholic"]," were false and misleading and 
87527—38 2
tended to deceive and mislead the purchaser when applied to articles contain- 
ing a glycol or a glycol ether, or both, poisons; and in that they were offered for 
sale under the distinctive names of another articles, food flavors.
On March 15, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.