F. & D   No. 3602.
S.   No.   1323.	
Issued   September   10,   1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1652.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF YINEGAR.
On March 20, 1912, the United States Attorney for the District of?
Nebraska, acting upon a report of the Secretary of Agriculture, filed?
in the District Court of the United States for said district a libel?
for the seizure and condemnation of 55 barrels, more or less, of vine??
gar, remaining unsold in the original unbroken packages, and in?
possession of May Bros., a partnership consisting of Charles H. May,?
Jake K. May, and Burt W. May, Fremont, Nebr., alleging that the?
product had been shipped on or about October 30, 1911, by the Mar??
shall Vinegar Co., Marshalltown, Iowa, and transported from the?
State of Iowa into the State of Nebraska, and charging adulteration?
and misbranding in violation of the Food and Drugs Act. The?
product was labeled: " May Brothers. Pure Cider Vinegar?50?
Galls.?Fremont, Neb."
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?
waters, which had been mixed and packed with.said vinegar so as?
to reduce, lower, and injuriously affect its quality and strength. Mis??
branding was alleged for the reason that none of the barrels contain??
ing the product contained pure cider vinegar, as they purported to,?
but did contain an imitation vinegar, which consisted of a mixture?
prepared in imitation of cider vinegar.
On April 22, 1912, the said Marshall Vinegar Co., claimant, hav??
ing stipulated and agreed that a decree might be entered, judgment?
of condemnation and forfeiture was entered, and the court found?
that the product was misbranded. It was further ordered that upon?
payment of all costs by said claimant, and the execution and delivery?
of bond by it, in conformity with section 10 of the Act, fixed by the?
court at $400, the 51 barrels of the product which had been seized?
should be released and delivered to the claimant.
W. M. HAYS,?
Acting Secretary of Agriculture,
WASHINGTON, D. C, July 10,1912.
53669??No. 1652?12