NOTICE OF JUDGMENT NO. 2610.
(Glen pursuant to section 4 of the Food and Drugs Act.)
17.  S.  v.  175  Kegs  of  Cider.   Decree  of condemnation.   Goods  released  on
bond.
MISBRANDING OF CIDER.
On November 29, 1912, the United States Attorney for the North- 
ern District of Illinois, 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 175 kegs of cider 
remaining unsold in the original unbroken packages and in possession 
of Decker Bros., Chicago, Ill., alleging that the product had been 
shipped on November 18, 1912, by the William Traver Co., Hartford 
and Paw Paw, Mich., and transported from the State of Michigan 
into the State of Illinois, and charging misbranding in violation of 
the Food and Drugs Act.   The product bore no label.
Misbranding of the product was alleged in the libel for the reason 
that the absence of any statement upon the kegs containing the prod- 
uct misled and deceived the purchaser into the belief that it was pure 
cider, whereas, in truth and in fact, it was not pure cider but was a 
mixture of cider and a quantity of benzoate of soda, to wit, 0.1 per 
cent of benzoate of soda, the presence of which had not been declared 
upon the kegs containing the product. Misbranding was alleged for 
the further reason that the absence of any statement upon each of 
the kegs aforesaid containing the product misled and deceived the 
purchaser into the belief that it was pure cider, whereas, in truth and 
in fact, it was not pure cider but was an imitation of pure cider in 
that it contained a quantity of benzoate of soda, to wit, 0.1 per cent, 
which had not been declared upon the kegs. Misbranding was al- 
leged for the further reason that the absence of any statement upon 
the kegs containing the product misled and deceived the purchaser 
into the belief that it was pure cider, whereas, in truth and in fact, 
it was not pure cider but was an imitation of pure cider in that it con- 
tained a quantity of benzoic acid, to wit, 0.1 per cent, which had
11998°—No. 2610—13
not been declared upon each of the kegs aforesaid. Misbranding was 
alleged for the further reason that the product was offered for sale 
and sold under the distinctive name of another article of food, to 
wit, pure cider.
On December 3, 1912, the claimant, William Traver, trading as 
William Traver Co., having admitted all the allegations in the libel, 
judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product which had theretofore been re- 
leased to said claimant should remain in his possession upon pay- 
ment of the costs of the proceedings and so long as the terms and 
conditions of bond theretofore entered into by said claimant in the 
sum of $1,000 in conformity with section 10 of the Act should be 
complied with.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, September 20, 1913.
2610
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