NOTICE OF JUDGMENT NO. 2402. (Given pursuant to section 4 of the Pood and Drugs Act.) MISBRANDING OF SCUPPEENONG WINE. On November 13, 1912, the United States Attorney for the Eastern District of Missouri, acting upon a report by the Secretary of Agri- culture, filed in the District Court of the United States for said dis- trict a libel for the seizure and condemnation of 25 cases, each con- taining 12 bottles of wine remaining unsold in the original unbroken packages and in possession of the Nelson Distilling Co., St. Louis, Mo., alleging that the product had been shipped on or about Sep- tember 14, 1912, from the State of Ohio into the State of Missouri, and charging misbranding in violation of the Food and Drugs Act. The product was labeled: (On cases) "Special Scuppernong Bouquet Delaware and Scuppernong Blend Ameliorated with Sugar. 12 Bottles Nelson Dist. Co. St. Louis, Mo." (On bottles) "Guaranteed by the Sweet Valley Wine Co., under the Food and Drugs Act, June 30, 1906. Special S V W Co., Trade Mark." "Special Wine Belle of the Valley Scuppernong Bouquet Delaware and Scupper- nong Blend Ameliorated with Sugar Solution Trade Mark S V W Co." Misbranding of the product was alleged in the libel for the reason that it consisted wholly or in large part of a mixture of pomace and other wines/ and contained practically no scuppernong wine, and that the labels on the cases and bottles, to wit, "Special Scuppernong Bouquet" and "Special Wine * * * Scuppernong Bouquet" would deceive and mislead the purchaser thereof into the belief that said product was a scuppernong wine, whereas, in truth and in fact, it was a mixture of pomace and other wines, and that the word "Scup- pernong " was printed in much larger type than that used on other words of said labels. On January 8, 1913, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, the court finding that the product had been shipped in interstate commerce 91708°—No. 2402—13 by the Sweet Valley Wine Co., Sandusky, Ohio. It was further ordered by the court that the product should be destroyed by the United States marshal. WILLIS L. MOORE, Acting Secretary of Agriculture. WASHINGTON, D. C, March 3, 1913. 2402 o