28553. Adulteration and misbranding of fruit flavors.    U. S. v. 7 Gallons of Imi¬
tation Wild Cherry Essence and 1 Gallon of Grape Aroma. Default 
decree of condemnation and destruction. (F. & D. Nos. 40898, 40899. 
Sample Nos. 58232-C, 58233-C.)
These products contained approximately 50 percent of diethylene glycol 
monoethyl ether, a poison.
On or about November 23, 1937, the United States attorney for the Western 
District of Missouri, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 8 gallon 
bottles of the above-named products at St. Joseph, Mo., alleging that the articles 
had been shipped in interstate commerce on or about October 27, 1937, by 
J. N. Hickok & Son from Jersey City, N. J., and charging adulteration and 
misbranding in violation of the Food and Drugs Act. The articles were labeled 
in part: "J. N. Hickok & Son * * * J. N. H. Brand * * * Brook- 
lyn, N, Y."
The articles were alleged to be adulterated in that products containing di- 
ethylene glycol monoethyl ether, a poison, had been substituted in whole or in 
part for the said articles and in that they contained an added poisonous or 
deleterious ingredient, diethylene glycol monoethyl ether, which might have 
rendered them injurious to health.
They were alleged to be misbranded in that the statements on the labels, "Imi- 
tation Wild Cherry Essence Contains Esters, Volatile Oils, Vegetable Tiiicture 
and Cologne Spirits" and "Grape Aroma Contains Pure Fruit Extractions, 
Esters, Essential Oils and Alcohol," were false and misleading and tended to 
deceive and mislead the purchaser when applied to articles containing diethylene 
glycol monoethyl ether.
On January 3, 1938, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.