28584. Adulteration  and misbranding of imitation flavors.     IT.  S. v.  4 Bottles
of Soda Water Flavor Cherry (and 3 otber seizure actions). Default 
decrees of condemnation and destruction. (F. & D. Nos. 41180, 41199, 
41204, 41525.    Sample Nos. 71193-C, 71197-C, 71199-C, 1488-D, 1489-D.)
A portion of these products contained carbitol, a solvent composed of a glycol 
or a glycol ether or both, poisons; the remainder contained diethylene glycol, a 
poison.
On December 20 and 22,1937, and January 24,1938, the United States attorney 
for the District of New Jersey, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 
11 gallons of various flavors at Trenton, Atlantic City, and Abseeon, N. J., alleg- 
ing that the articles had been shipped in interstate commerce on various dates 
between August 5 and November 6, 1937, from Philadelphia, Pa., by William 
Lawton Roorbach, and charging adulteration and misbranding in violation of 
the Food and Drugs Act. Portions of the articles were labeled in part: "W. 
Lawton Roorbach    *    *    *    Philadelphia, Pa."
They 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 and beverage flavors, which they purported to be. The cream soda flavor 
and a portion of the imitation cherry flavors were alleged to be adulterated 
further in that they contained an added poisonous or deleterious ingredient, a 
glycol, which might have rendered them injurious to health.
The articles were alleged to be misbranded in that the statements on the 
labels, "Soda Water Flavor Cherry," "Lemon Beverage Flavor," "Pale Dry 
Ginger Ale Flavor," "Cream Soda Flavor," and "Soda Water Flavor Cherry 
Imitation," were false and misleading and tended to deceive and mislead the 
purchaser when applied to articles containing a glycol or a glycol ether,, or 
both, poisons. The articles were alleged to be misbranded further in that they 
were offered for sale under the distinctive names of other articles, "Soda 
Water Flavor Cherry," "Lemon Beverage Flavor," "Pale Dry Ginger Ale Flavor," 
"Cream Soda Flavor," and "Soda Water Flavor Cherry Imitation."
On February 4 and March 23, 1938, no claimant having appeared, judgments 
of condemnation were entered and the products were ordered destroyed.
W. R. GEEGQ, Acting Secretary of Agriculture.
87527—38 4