F. & D. No. 2957.
S. No. 1073.	
Issued September 10   1912
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1627.
(Given pursuant to section 4 of the Pood and Drugs Act.)
ADULTERATION AND MISBRANDING OF Y1NEGAR.
On September 28, 1911, the United States Attorney for the Dis??
trict of South Dakota, acting upon a report by the Secretary of?
Agriculture, filed in the District Court of the United States for said?
district a libel for the seizure and condemnation of 60 barrels of?
so-called pure cider vinegar, remaining unsold in the original un??
broken packages and in the possession of the Mitchell Fruit & Grocery?
Co. (Inc.), Mitchell, S. Dak., alleging that the product had been?
shipped, on or about August 23, 1911, by?the Haarmann Vinegar &?
Pickle Co. (Inc.), Sioux City, Iowa, and transported from the State?
of Iowa into the State of South Dakota, and charging adulteration?
and misbranding in violation of the Food and Drugs Act. The?
product was labeled: "D & L Brand Pure Cider Vinegar 4^ acetic?
49 gals. Mf'd. for Mitchell Fruit & Grocery Co., Mitchell, S. D.?
?49?4^ acetic."'
Adulteration was alleged in the libel for the reason that the prod??
uct consisted in part of a diluted solution of acetic acid or distilled?
vinegar and foreign material high in reducing sugars and mineral?
matter, which had been mixed and prepared in imitation of cider?
vinegar. Misbranding was alleged for the reason that none of the?
barrels contained pure cider vinegar as they purported to contain?
but contained an imitation vinegar, consisting of a mixture prepared?
in imitation of cider vinegar.
On April 12, 1912, the Mitchell Fruit & Grocery Co. (Inc.) and?
the Haarmann Vinegar & Pickle Co. (Inc.), claimants, having?
entered their appearance and having filed pleas consenting to a?
decree, judgment of condemnation and forfeiture was entered and it?
was further ordered that upon payment of all costs by said claimants?
and the execution of bond by the Haarmann Vinegar & Pickle Co.?
(Inc.), in conformity with section 10 of the Act, fixed by the court?
at $200, the thirteen barrels of the product that had been seized?
should be released and delivered to said claimants or either of them.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, June 21,191?.
52091??No. 1627?12