30155. Adulteration and misbranding of flavors.     IT.  S. v.  Outlet Merchandise
Co. and Samuel Koffler. Pleas of guilty. Fine of $25 on the corpora- 
tion and a fine of $1 on the individual defendant. (F. & D. No. 42601. 
Sample Nos. 1036-D, 12281-D, 12283-D, 12285-D, 14213-D to 14217-D, 
inclusive.)
This case involved the following: A product sold as vanilla flavor or vanilla, 
which was not true vanilla flavor since its flavoring strength was derived from 
vanillin and coumarin, and which was artificially colored and possessed from 
one-sixth to one-half the flavoring strength of true vanilla flavor; and other 
products sold as orange and lemon flavors, which contained approximately 30
percent of the amount of orange or lemon oil that products so designated should 
contain, and which were artificially colored.
On December 12,1938, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Outlet Merchandise Co., a corporation, Boston, 
Mass., and Samuel Koffler, an officer of said corporation, alleging shipment by 
said defendants on various dates within the period from December 29, 1937, 
to March 16, 1938, from the State of Massachusetts into the States of Rhode 
Island and New York of quantities of flavors which were adulterated and 
misbranded in violation of the Food and Drugs Act. Certain lots were labeled 
in part: "Lane's Vanilla Flavor [or "Pure Orange Flavor" or "Pure Lemon 
Flavor"] Distributed by Lane Products Boston, Mass. [or "Packed For Lane 
Products Co."]." Other lots were labeled: (Carton) "From Outlet Merchandise 
Co. Vanilla [or "Orange"]."    Some lots were unlabeled.
The vanilla flavor was alleged to be adulterated in that a substance that did 
not contain the soluble matters from not less than 10 grams of vanilla beans, 
in each 100 cubic centimeters of the substance, was colored with caramel and 
contained vanillin and coumarin from which its flavor was derived, had been 
substituted for vanilla flavor, a substance which should contain the soluble- 
matters from not less than 10 grams of vanilla beans in each 100 cubic centi- 
meters. It was alleged to be adulterated further in that it was inferior to- 
vanilla flavor and its inferiority was concealed through the presence of caramel 
that caused its color to simulate that of vanilla flavor.
Misbranding of all lots of the vanilla flavor and vanilla, with one exception, 
was alleged in that the statements "Vanilla Flavor" and "Vanilla," borne on 
the labels, were false and misleading and in that the article was sold under 
the name of another article. One unlabeled lot of vanilla was alleged to be 
misbranded in that it was inferior to vanilla and its inferiority was concealed 
through the presence of caramel that caused its color to simulate that of vanilla 
flavor.
The orange and lemon flavors were alleged to be adulterated in that substances 
that contained not more than 1.5 percent by volume of oil of orange or oil of 
lemon, artifically colored to simulate orange or lemon flavors in color, had been, 
substituted for pure orange flavor or pure lemon flavor, respectively, products 
which should contain not less than 5 percent of oil of orange or oil of lemon. 
Adulteration was alleged further in that the articles were inferior to pure orange 
or pure lemon flavors and their inferiority was concealed through the presence 
of artificial coloring that caused them to simulate the color of orange and lemon, 
flavors.
Misbranding of the orange and lemon flavors was alleged in that the state- 
ments, "Pure Orange Flavor," "Pure Lemon Flavor," "Orange," and "Lemon," 
borne on the labels, were false and misleading. These flavors were alleged 
to be misbranded further in that they were sold under the names of other articles.
On January 18, 1939, pleas of guilty were entered on behalf of the defendants, 
and the court imposed a fine of $25 on the corporation and a fine of $1 on Samuel. 
Koffler.
HARRY L. BROWN, Acting Secretary of Agriculture.