(N.  J. 73.)
MISBRANDING  OF VINEGAR.
(COLORED)  IMITATION FRUIT VINEGAR.)
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 
regulations for the enforcement of the act, notice is given that on the 
22d day of January, 1909, in the district court of the United States 
for the district of Indiana, in a proceeding of libel for seizure and 
condemnation of misbranded vinegar, that is to say, forty barrels of 
distilled vinegar artificially colored in imitation of apple or cider 
vinegar, labeled and branded " Price and Lucas, Old Homestead 
Blended Vinegar," wherein the United States was libelant and Price 
and Lucas Cider and Vinegar Company, a corporation of Louisville, 
Ky., was claimant, the said claimant having filed its answer and the 
cause coming on for a hearing, a decree of forfeiture and condemna- 
tion was rendered by the court in substance and form as follows:
IN THE DISTRICT COURT OF THE UNITED STATES, FOR THE DISTRICT OF INDIANA.
UNITED STATES 
vs. 
FORTY BARRELS OF VINEGAR, MORE OR LESS.
NOW, at this day comes the United States, by Joseph B. Kealing, United States 
attorney for the District of Indiana, and the Price and Lucas Cider and Vin- 
egar Company, a corporation, by A. R. Hambly, its secretary, claimant and 
owner of the said forty barrels of vinegar, by Charles W. Moores, their 
proctor, and this cause now coming on to be heard on the filing therein and 
after due deliberation being had in the premises, the court finds that all of the 
allegations contained in the libel are true and that the United States is entitled
to recover herein. It is therefore ordered, adjudged, and decreed that the said 
forty barrels of vinegar shall not be sold or otherwise disposed of contrary to 
the provisions of the Pood and Drugs Act of June 30, 1906.
It is further ordered, adjudged, and decreed that the marshal be, and is 
hereby, directed to release the said forty barrels of vinegar and release the 
same to the claimant herein.
The facts in the case were as follows:
On or about October 5, 1908, an inspector of the Department of 
Agriculture found in the possession of Bierhaus Brothers, Vincennes, 
Ind., 40 barrels of a product, each barrel being branded " Price and 
Lucas Old Homestead Blended Vinegar, Bierhaus Brothers, Vin- 
cennes, Indiana, Distributors." The goods had been shipped to vers- 
us Brothers by the Price and Lucas Cider and Vinegar Company, 
of Louisville, Ky., on December 30, 1907. A sample was subjected to 
analysis in the Bureau of Chemistry of the Department of Agricul- 
ture, and the following results were obtained and stated:
Solids (grams per 100 cc) 
0.25
Acid, as acetic (grams per 100 cc) 
3. 69
Color removed by Fuller's earth (per cent) 
80.00
In the opinion of the Department of Agriculture, vinegar, cider 
vinegar, apple vinegar is the product made by the alcoholic and sub- 
sequent acetous fermentations of the juice of apples, * * * and 
contains not less than four (4) grams of acetic acid in 100 cc, and 
spirit vinegar, distilled vinegar, grain vinegar is the product made 
by the acetous fermentation of dilute distilled alcohol, and contains, 
in one hundred (100) cubic centimeters (20° C), not less than four 
(4) grams of acetic acid.
The results of the analysis above given showed that the product was 
a distilled vinegar artificially colored in imitation of genuine cider 
or apple vinegar, and therefore the label appearing thereon was 
false, misleading, and deceptive, and in violation of the act. On 
October 6, 1908, the facts were reported by the Secretary of Agricul- 
ture to the United States attorney for the district of Indiana and 
libel for seizure and condemnation was duly filed, with the result 
hereinbefore stated.
F. L. DUNLAP, 
GEO. P. MCCABE, 
Board of Food and Drug Inspection. 
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, June 16, 1909.
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