F.  & D.  No.  2917.
S. No. 1057.	
Issued February 8, 1913.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1905.
(SlYen pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND  MISBRANDING  OF  TINEGAR.
On or about September 19, 1911, the United States Attorney for?
the District of Minnesota, 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 50 barrels of?
vinegar remaining unsold in the original unbroken packages in the?
possession of the Minnesota Mercantile Co., Stillwater, Minn., alleg??
ing that the product had been shipped on September 2, 1911, by the?
Wm. Henning Co., Chicago, 111., and transported from the State of?
Illinois into the State of Minnesota, and charging adulteration and?
misbranding in violation of the Food and Drugs Act. The product?
was labeled: " 40 Grain Crescent Brand fermented sugar vinegar.?
Minnesota Mercantile Co., Stillwater, Minn., Distributors."
Adulteration of the product was alleged in the libel for the reason?
that a dilute solution of acetic acid or distilled vinegar had been?
mixed and packed with the product so as to reduce, lower, and injuri??
ously affect its quality and strength, and for the further reason that?
a substance, to wit, a dilute solution of acetic acid or distilled vinegar,?
had been substituted wholly or in part for the article, to wit, fer??
mented sugar vinegar. Misbranding of the product was alleged for?
the reason that the label thereon bore a statement which was false?
and misleading in that the said product was described as " fermented?
sugar vinegar " whereas, in truth and in fact, it consisted in whole or?
in part of a dilute solution of acetic acid or distilled vinegar and was?
an imitation of and offered for sale under the distinctive name of?
another article, to wit, fermented sugar vinegar, and further the?
product was misbranded in that it was labeled and branded so as to?
deceive and mislead the purchaser by representing that it was a
66275??No. 1905?13
fermented sugar vinegar while, in truth and in fact, one of the?
ingredients of the product was distilled vinegar.
On July 8, 1912, judgment of condemnation and forfeiture was?
entered in the case and it was further ordered that the product should?
be released and delivered to the said Wm. Henning Co., claimant,?
upon payment of all the costs of the proceedings, amounting to $7.90,?
and the execution of a bond in the sum of $200, in conformity with?
section 10 of the Act.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, November 6, 1912.
1905