(N. J. 23.)
ADULTERATION AND MISBRANDING OF YINEGAR.
(Distilled vinegar artificially colored.)
In accordance with the provisions of section 4 of the Food and.?
Drugs Act of June 30, 1906, and of regulation 6 of the rules and regu??
lations for the enforcement of the act, notice is given that on the 28th?
day of July, 1908, in the district court of the United States for the?
western district of Oklahoma in a proceeding of libel for condemna??
tion of adulterated and misbranded vinegar?that is to say, 48 barrels?
containing 2,256 gallons, more or less, of colored distilled vinegar??
wherein the United States was libelant and the Oklahoma Supply?
Company, a corporation, was claimant, the said claimant having filed?
its answer and the cause having come on for hearing, a decree of for??
feiture and condemnation was rendered in substance and in form as?
follows:
In the District Court of the United States for the Western District of Oklahoma.?
THE UNITED STATES, LIBELLANT,?1
vs.?
> No. 21.
65 BARRELS DISTILLED VINEGAR, COLORED.]
Decree for Condemnation.
Now, to wit, on this 28th day of July, 1908, at a term of said court at Enid, in said?
district, said cause came on for trial, and it appearing to the court that upon the?
libel filed herein monition and warrant of arrest was duly issued and served on the?
28th day of May, 1908, and that by virtue of the said warrant the marshal has seized?
and now holds 48 barrels containing, to wit, 2,256 gallons, more or less, of colored?
distilled vinegar, of the approximate value of $135, the said 48 barrels, with contents,?
having been seized within the premises and in the possession of the Oklahoma Sup??
ply Company, a corporation, at Oklahoma City, within said district, respondent,?
and now being stored in the custody of the said marshal, and it appearing that the
said Oklahoma Supply Company, a corporation, was duly warned to appear herein?
on the 28th day of July, 1908, and that due and legal notice and proclamation were?
given to all persons having or claiming to have any claim, right, or interest therein,?
or in or to said property, to appear on the said date and answer the said libel, and?
the said Oklahoma Supply Company, a corporation, having so appeared and filed?
its answer to the said libel, and the libellant appearing by John Embry, United?
States attorney for the western district of Oklahoma, and the said Oklahoma Supply?
Company appearing by its president and secretary and by J. L. Brown, its attorney,?
a jury is waived and said cause is tried to the court; the libellant and respondent each?
introduce their evidence and argue said cause and submit same to the court, and?
the court now being fully advised in the premises finds for the libellant, and finds?
that the contents of said 48 barrels is colored distilled vinegar, an article of food and?
an article designed to enter into the composition of food and that the same is adul??
terated and that the said barrels and contents are misbranded within the meaning?
of the act of Congress of June 30, 1906, entitled "An act for preventing the manufac??
ture, sale, or transportation of adulterated or misbranded or poisonous or deleterious?
foods, drugs, medicines, liquors, and for regulating traffic therein, and for other?
purposes,
" and that same has been transported as vinegar in interstate commerce?
from the city of Chicago, in the State of Illinois, to Oklahoma City, in the State of?
Oklahoma, consigned and sold to the Oklahoma Supply Company, a corporation in?
the western district of Oklahoma, and remains in said district in original unbroken?
packages, being a part of a consignment of 65 barrels of colored distilled vinegar so?
adulterated and misbranded and transported in interstate commerce from the Illinois?
Vinegar Manufacturing Company, in the city of Chicago, in the State of Illinois,?
to the Oklahoma Supply Company, Oklahoma City, Okla., being all of such con??
signment found in original, unbroken packages; that is, the court finds that said?
articles of food are adulterated and are in violation of said act of Congress in that?
said barrels, and each of them, contain distilled vinegar which is colored in imitation?
of apple or cider vinegar by addition of burnt sugar thereto, thereby concealing?
inferiority; and that the said articles of food are misbranded, in that the said bar??
rels, and each of them, contain distilled vinegar, which is an imitation of another?
article of distinctive name, being colored in imitation of apple or cider vinegar,?
without being labeled, branded, or tagged so as to plainly indicate that the said food?
is such imitation and without having the word "Imitation" plainly stated on each?
of the packages in which said food was so transported in interstate commerce and?
offered for sale and sold to the Oklahoma Supply Company, the said barrels con??
taining such vinegar having no label or other description except a strip of blue paint?
or blue marking from 6 to 8 inches wide, placed upon or across the head of each?
barrel, and together with and stamped upon this blue mark are figures showing the?
number of gallons contained in each barrel and the figures "112."
Wherefore it is ordered, adjudged, and decreed by the court that the said 48 barrels,?
with contents as aforesaid, be, and they hereby are, declared to be misbranded and the?
contents thereof adulterated in violation of the act of June 30, 1906, as charged in the?
said libel; and it is further ordered that the said 48 barrels, with contents as aforesaid,?
be, and they hereby are, condemned and ordered to be destroyed as prayed for in the?
said libel, and as provided for in the said act of June 30, 1906. It is provided, how??
ever, that upon the payment of all the costs in the proceeding herein, including all?
court, clerk's, and marshal's costs, and costs of hauling, storage, watchmen, and all?
costs incident to or contracted in this proceeding, and the execution and deliverance?
by the Oklahoma Supply Company, a corporation, to the libellant of a good and suffi??
cient bond in the penalty of $1,000, conditioned that the said 48 barrels, with the con??
tents aforesaid, shall not be sold or otherwise disposed of contrary to the provisions of?
the said act of June 30, 1906, or the laws of any State, Territory, district, or insular?
possession, the said marshal shall redeliver the said 48 barrels, with su ch of their con??
tents as they now contain, or may contain at the time of such redelivery, to the said
Oklahoma Supply Company, a corporation, in lieu of destruction thereof, the said?
bond to be filed herein, if at all, on or before the 20th day of August, 1908, and that?
the libellant recover from the Oklahoma Supply Company, a corporation, its costa?
herein taxed at $?, for which execution shall issue if the costs are not paid as here??
inbefore provided, to all of which findings, rulings, and judgment of the court the?
Oklahoma Supply Company duly excepts and exceptions allowed, and the said Okla??
homa Supply Company now files its motion for a new trial, which motion is by the?
court duly considered and overruled, to which ruling of the court the Oklahoma?
Supply Company duly excepts and exceptions allowed.
JOHN H. COTTERAL, Judge.
The facts in this case are as follows:
On or about May 4, 1908, an inspector of the Department of Agri??
culture located in the possession of the Oklahoma Supply Company?
of Oklahoma City, Oklahoma, 65 barrels of distilled vinegar which was?
consigned to it by the Illinois Vinegar Manufacturing Company, Chi??
cago, 111., on January 30, 1908. There were no labels or other descrip??
tive matter on the barrels except a strip of blue paint from 6 to 8 inches?
wide placed upon and across one head of each barrel, and together?
with a stamp upon this blue mark were figures showing the number?
of gallons and the number "112."
A sample of the product was analyzed in the Bureau of Chemistry?
of the Department of Agriculture and the following results were?
obtained and stated:
Polarization (?V.)?
    0 7
Reducing sugars (grams per 100 cc)?
1040
Solids (grams per 100 cc)?
370
Ash (grams per 100 cc)?
0264
Total acids (grams per 100 cc)?
 10. 83
Fixed acids (grams per 100 cc)?
Volatile acids (grams per 100 cc)?
 10. 82
Alkalinity of ash (cc N/10 solution per 100 cc)?
    1. 40
Total phosphoric acid (mg P205 per 100 cc)?
    2. 00
Lead number (no precipitate or turbidity with lead acetate)?
    0. 00
Color removed by fuller's earth (per cent)?
 82. 00
It was evident that the product was both adulterated and mis-?
branded within the meaning of the act; adulterated for the reason?
that it was a distilled vinegar colored in imitation of apple or cider?
vinegar, thereby concealing inferiority; and misbranded because the?
barrel contained distilled vinegar colored to imitate an article of dis??
tinctive name, that is to say, apple or cider vinegar, without being-?
labeled, tagged, or branded so as to plainly indicate that it was an?
"imitation" and without having that word plainly stated upon each?
of the barrels.
Oh May 15, 1908, the facts were reported by the Secretary of Agri??
culture to the Attorney-General, who referred them to the United?
States attorney for the Western District of Oklahoma. Libel for?
seizure and condemnation under section 10 of the act was duly filed?
in the district court of the United States for the said district.    The
case duly came on for trial and the court adjudged the product to be?
adulterated and misbranded; and upon the filing by claimant of a?
good and sufficient bond under the provisions of the decree herein??
before set forth, the goods were released.
H. W. WILEY,?
F. L. DUNLAP,?
GEO. P. MCCABE,?
Board of Food and Drug Inspection.?
Approved:?
W. M. HAYS,
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 17, 1908.