NOTICE OF JUDGMENT NO. 1016.
SUPPLEMENT!! TO NOTICE OF JUDGMENT NO. 88. 
(Given pursuant to section 4 of the Food and Drugs Act.)
BOND FORFEITURE (WINE).
On April 20, 1908, there was entered in the District Court of the 
United States for the Eastern District of Louisiana at New Orleans 
a decree of condemnation and forfeiture against 1,298 barrels of mis- 
branded wine which had been seized by process of libel under section 
10 of the Food and Drugs Act of June 30, 1906. Part of the wine 
was labeled: (a) " Claret Wine, Serial No. 3255. Guaranteed under 
the National Pure Food and Drugs Act. Containing harmless color- 
ing and 1/10 of 1% benzoate of soda." (b) " Vino Type, Serial No. 
3255. Guaranteed under the National Pure Food and Drugs Act. 
Containing harmless coloring and 1/10 of 1% benzoate of soda."
The decree pronounced the 1,298 barrels of wine misbranded and 
contained a proviso that the product should be released to the claim- 
ants (John G. Dorn, the Sweet Valley Wine Co., and the A. Schmidt 
Jr. & Bros. Wine Co.) on the filing of a satisfactory bond in the sum 
of $1,000 each that the wine should not be disposed of by them con- 
trary to the provisions of the Food and Drugs Act. Satisfactory 
bond in the amounts specified by the court having been filed, the wine 
was released. Subsequently, on the 28th day of April, 1908, John G. 
Dorn, through his agent, Thomas F. Cunningham, sold and delivered 
to Henry Lochte Co. (Ltd.), a corporation doing business in the city 
of New Orleans, La., five barrels of the wine which had been con- 
demned in the above-mentioned decree and which formed part of the 
wines released under the provisions of the bond filed by claimants, 
without, prior to such sale and delivery, changing the labels of said 
wine, but on the contrary retaining thereon the original labels, which, 
on three of the said barrels were as follows: " Vino Type, Serial No.
1963°—No. 1016—11
3255, Guaranteed under the National Pure Food and Drugs Act. 
Containing 1/10 of 1% benzoate of soda," and on two barrels: 
" Claret Wine, Serial No. 3255, Guaranteed under the National Pure 
Food and Drugs Act. Containing harmless coloring and 1/10 of 1% 
benzoate of soda."
On the 20th day of May, 1908, John G. Dorn, through his agent, 
Thomas F. Cunningham, sold and delivered to F. Hollander & Co. one 
barrel of wine which had been condemned by the decree of the court 
and which formed part of the wines released under the aforemen- 
tioned bond. While a new label was placed on the said barrel, to wit, 
" Grape Pomace, Wine Vino—Made with Grape Sugar—Containing 
harmless color and 1/10 of 1% of benzoate of soda," in point of fact 
the substance used in said wine as one of its constituent parts was 
starch sugar instead of grape sugar, and therefore the wine was mis- 
branded, as the label represented it to be what it was not, in violation 
of the conditions of the said bond.
Acting on a report of the Secretary of Agriculture, the United 
States attorney filed a petition alleging that the said sale was in 
violation of the terms of the bond, and praying forfeiture of the 
amount of the bond.
On May 19, 1910, judgment was entered in favor of the United 
States in solido for the sum of $1,000, with legal interest- thereon from 
June 16,1908, until paid, and all costs of the suit.
On May 28, 1910, a petition for a writ of error was filed, which 
was granted on the same day. The case was heard in April, 1911, in 
the Court of Appeals for the Fifth Circuit, where the judgment of 
the lower court was affirmed.
WASHINGTON, D. 0., July 6,1911.
1010
o
JAMES WILSON, 
Secretary of Agriculture.