NOTICE OF JUDGMENT NO. 2408.
(Given pursuant to section 4 of the Pood and Drugs Act.)
ADULTERATION  AND  MISBRANDING  OF VODKA.
On April 29 and April 30, 1912, the United States Attorney for the 
Eastern District of Pennsylvania, acting upon a report by the Secre- 
tary of Agriculture, filed in the District Court of the United States 
for said district libels for the seizure and condemnation—
(1) Of two cases of vodka, one of which remained in the possession 
of S. Feinstein, Fifth and Lombard Streets, Philadelphia, Pa., and 
one in the possession of J. Okinsky, Thirteenth and Callowhill Streets, 
Philadelphia, Pa., the first case containing 150 bottles and the other 
case containing 50 bottles of vodka, said bottles being of varying 
sizes and capacities, those in the first case containing 4 fluid ounces 
or upward, and those in the second case containing 14 fluid ounces 
and upward, the first case having been opened and a part of the bot- 
tles taken therefrom and exposed for sale, and the bottles in the 
second case remaining unsold in the original unbroken packages, the 
libels alleging that the product had been shipped on or about April 
26, 1912, from the State of New York into the State of Pennsylvania, 
and charging adulteration and misbranding in violation of the Food 
and Drugs Act.
The product in these cases was labeled, in the Russian language 
(translated into the English): "Government Pure Alcohol," and was 
labeled, in addition, in English: "Monopole Vodka, Made and Bottled 
in Russian Monopole." Adulteration of the product was alleged in 
the libels for the reason that a certain substance other than vodka, to 
wit, a dilute solution of alcohol, had been substituted wholly for the 
product. Misbranding was alleged for the reason that the product 
was labeled as set forth above, and the statements were false and 
misleading in that they purported to represent that the product was 
vodka, whereas it was not vodka but was an imitation of vodka. Mis- 
branding was alleged for the further reason that the statements afore- 
said on the labels were false and misleading in that they purported 
to represent that the article was a foreign product, whereas, in truth
91708°—No. 2408—13
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and in fact, it was not a foreign product, but was a product of the 
United States of America.
(2) Of one case of vodka remaining unsold in the original unbroken 
package in possession of the Pennsylvania Railroad Co., Pier 10, 
South Wharves, Delaware River, Philadelphia, Pa., alleging that the 
product had been shipped on or about April 26, 1912, and transported 
from the State of New York into the State of Pennsylvania, and 
charging adulteration and misbranding in violation of the Food and 
Drugs Act. The product was labeled: (On cases) "23117 4 27 12 
1 Qrt. 1 Pint 26\ Pint l\ Pint Wheeler & Shore, 18 N. 6th St. 
Philadelphia Pa. From Russian Monopole Co. 90 Grand St. Bklyn. 
N. Y./' and on bottles, in the Russian language (translated into 
English): "Government Pure Alcohol," and also in the English lan- 
guage, "Monopole Vodka, Made in Russian Monopole." Adultera- 
tion of the product was alleged in the libel for the reason that a dilute 
solution of alcohol had been substituted for genuine vodka. Mis- 
branding was alleged for the reason that the product was labeled on 
the bottles as set forth above, and the statements were false and 
misleading in that the product was not vodka, but was an imitation 
of vodka, and for the further reason that the product was labeled as 
aforesaid and purported to be a foreign product when not so.
(3) Of three cases of vodka remaining unsold in the original un- 
broken packages, two of which were at a warehouse on the northeast 
corner of Fourth and Vine Streets, Philadelphia, Pa., and one of 
which was in possession of the Pennsylvania Railroad Co., Pier 10, 
South Wharves, Delaware River, Philadelphia, Pa.; the first two 
cases containing 500 bottles of approximately 4 fluid ounces of vodka, 
and the other case containing 50 bottles of approximately 28 fluid 
ounces of vodka, alleging that the product had been shipped on or 
about April 16 and April 24, 1912, respectively, from the State of 
New York into the State of Pennsylvania, and charging adulteration 
and misbranding in violation of the Food and Drugs Act.
The product was labeled, in Russian (translated into English): 
"Government Pure Alcohol 1/100 (or 1/20) Package Strength 57% 
Price: Spirits 12K (or 60K) Glass 2K (or 4K) Total 14K (or 64K)," 
and was also labeled in English: " Monopole Vodka Made and Bottled 
in Russian Monopole." Adulteration of the product was alleged in 
the libels for the reason that a dilute solution of alcohol had been 
substituted for genuine vodka. Misbranding was alleged for the rea- 
son that the product was labeled as set forth above, and the state- 
ments on the labels were false and misleading in that the product was 
not vodka, but was an imitation of vodka. Misbranding was alleged 
for the further reason that the product was labeled as aforesaid and 
purported to be a foreign product when not so.
On May 15, 1912, the Russian Monopole Vodka Co., claimant, 
Brooklyn, N. Y., by its attorney, Harry Cohen, Esq., filed its answers 
to the libels, which answers, by agreement of counsel, were, on Sep- 
tember 25, 1912, withdrawn, and on October 23, 1912, the court, on 
motion of the United States attorney, granted an order for the sale 
of the property, which order was, by leave of court, on January 15, 
1913, vacated and, on the date last mentioned, a decree of condemna- 
tion and forfeiture was entered in the case and it was further ordered 
that the product covered by all the libels referred to should be de- 
stroyed by the United States marshal.
WILLIS L. MOORE, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, March S, 1918.
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