2815. Adulteration and misbranding of vanilla extract.     U. S. v. 12 Cartons of
Vanilla Extract. Default decree of condemnation. Product ordered de- 
livered to Food and Drug Administration for technical use.     (F. D. G. No.
4087.    Sample Nos. 49531-E, 49582-E.)
On April .1, 1941, the United. States attorney for the Western District of Texas 
filed a libel against 12 cartons of vanilla extract at San Antonio, Tex., consigned 
by Duke & Benedict, alleging that the article had been shipped in interstate 
commerce on or about February 8 and 21,1941, from New York, N. Y.; and charg- 
ing that it was adulterated and misbranded. It was labeled in part: "Pure 
Extract Vanilla * * * Distributors Midwest Laboratories Chicago, Ill.," and 
"Pure Extract Vanilla * * * Distributors Huguenot Laboratories, Mount 
Vernon, N.Y." 
' The article was alleged to be adulterated (1) in that imitation vanilla extract 
containing resinous substances not found in genuine vanilla extract had been 
substituted wholly or in part for "Pure Extract Vanilla"; (2) in that inferiority 
had been concealed through the addition of foreign resins; and (3) in that foreign 
resins had been added thereto or mixed or packed therewith so as to make it appear 
better or of greater, value than it was.
It was alleged to be misbranded '(1) in that the statement "Pure Extract 
Vanilla" was false and misleading; (2) in that it was offered for sale under the 
name of another food; and (3) in that it was an imitation of another food and 
its label did not bear, in type of uniform size and prominence, the word "imita- 
tion" and, immediately'thereafter, the name of the food imitated.
On May 28, 1941, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered delivered to the Food and Drug Administra- 
tion for technical uses.