NOTICE OF JUDGMENT NO. 2604.
(Given pursuant to section 4 of the Food and Drugs Act.)
U.   S.   v.   Ten   Barrels   Scuppernong   Wine.   Decree   of   condemnation   by
default.   Goods ordered sold.
ADULTEKATION AND MISBRANDING OF WINE.
On November 6, 1912, the United States Attorney for the District 
of Indiana, 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 ten barrels containing 720 
bottles of so-called scuppernong wine remaining unsold in the original 
unbroken packages and in the possession of Max Gordon, Indianapo- 
lis, Ind., alleging that the product had been shipped from the State 
of Ohio into the State of Indiana, and charging adulteration and 
misbranding in violation of the Food and Drugs Act. The product 
was labeled: (On barrels) "Special Scuppernong Boquet." (On 
bottles) main label " Special Wine. Belle of the Valley. Scupper- 
nong Boquet. Delaware and Scuppernong Blend, ameliorated with 
Sugar Solution." (Neck label) " Guaranteed by the Sweet Valley 
Wine Company under the Food and Drugs Act June 30, 1906. 
Special."
Adulteration of the product was alleged in the libel for the reason 
that it purported to be a scuppernong wine, for which pomace wine 
and other wines had been substituted for scuppernong wine, and with 
which scuppernong wine had been mixed pomace and other wines so 
as to reduce, lower, and injuriously affect its quality and strength. 
Misbranding was alleged for the reason that the statement on the 
brands and labels on the barrels and bottles as to the ingredients and 
substances contained in the product purporting to be scuppernong 
wine were false and misleading in this, that in truth and in fact said
12012"—No. 2604—13
product purporting to be scuppernong wine was a compound and mix- 
ture of pomace wine and other wines, and the statements contained 
on said brands and labels were calculated to deceive and mislead the 
purchaser thereof.
On February 3,1913, no claimant having appeared for the property, 
judgment of condemnation and forfeiture was entered, and on March 
12, 1913, it was ordered by the court that the product should be sold 
by the United States marshal at public sale to the highest bidder 
after obliteration of the marks, brands, and labels on the product 
and a relabeling of same "A compound and mixture of pomace and 
other wines."
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, September 18,1913.
2604
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