NOTICE OF JUDGMENT NO. 2464.
(Given pursuant to section 4 of the Food and Drugs Act.)
U.  S.  v.  30 Barrels  Vinegar.   Decree  of  condemnation  by  consent.    Goods
released  on   bond.
MISBRANDING OF VINEGAR.
On January 11, 1913, the United States Attorney for the Western 
District of Kentucky, 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 30 barrels of vinegar, 
remaining unsold in the original unbroken packages and in posses- 
sion of the Bollinger-Babbage Co. (Inc.), Louisville, Ky., alleging 
that the product had been shipped on December 30, 1912, by the 
Ohio Cider Vinegar Co. (Inc.), Cincinnati, Ohio, and transported 
from the State of Ohio into the State of Kentucky, and charging 
misbranding in violation of the Food and Drugs Act. The product 
was labeled: " The Ohio Cider Vinegar Co., Cincinnati. Fermented 
Apple Vinegar Apple Product Fermented Apple Juice from Apple 
Waste. Water added in Fermentation to Legal Standard December 
12," and each of the barrels was marked with numerals to indicate 
in terms of measure the number of gallons of vinegar contained 
therein, two of the barrels being marked " 47," ten being being marked 
" 48," nine being marked " 49," six being marked " 50/' two being 
marked " 51," and one being marked " 52."
Misbranding of the product was alleged in the libel for the reason 
that the arable numerals upon each of the 30 barrels were intended 
by the manufacturer and shipper and were understood by the public 
generally and the trade to indicate that each of the barrels contained
96827°—No. 2464—13
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the number of gallons indicated by said numerals, and it was and 
still is the custom of the trade in vinegar in the United States to 
mark the measure of vinegar shipped in interstate and intrastate com- 
merce by the use of arabic numerals alone without the word or sym- 
bol to indicate the word " gallons," and when the contents were so 
marked in arabic numerals alone such numerals were and still are 
understood by and among the vinegar trade and the public generally 
to indicate the contents in gallons of the vinegar contained in such 
packages, and the product was billed and invoiced and transported 
in interstate commerce at the number of gallons as aforesaid indi- 
cated upon the 30 barrels by the arabic numerals thereon respectively, 
whereas, in truth and in fact, the actual measure of the vinegar con- 
tained in each of the 30 barrels was less than the number of gallons 
as aforesaid indicated by said arabic numerals marked thereon, that 
is to say, the contents of each of the 30 barrels was much less than 
the number of gallons so indicated upon the barrels respectively, to 
wit, more than 10 per cent less.
On February 11, 1913, the said Ohio Cider Vinegar Co. having 
filed its claim for the product and given bond for costs and con- 
sented to the submission of the case to the court, judgment of con- 
demnation and forfeiture was entered, and it was further ordered 
that the product should be released and delivered to said claimant 
upon the execution of bond in the sum of $200, in conformity with 
section 10 of the Act, and the payment of the costs of the proceed- 
ings, amounting to $27.50.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, May 26, 1913.
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