NOTICE OF JUDGMENT NO. 2651.
(Glen pursuant to seettea 4 of tie Food and Drags Act.)
C   S.   v.   5   Barrels   of   So-called   Malaga  Wine.     Decree   of   condemnation 
by  consent.   Product  released  on- bond.
ADULTERATION AND MISBRANDING OF WINE.
On April 15, 1913, the United States Attorney for the District of 
Massachusetts, 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 5 barrels, each containing 
a product purporting to be Malaga wine, remaining unsold in the 
original unbroken packages at Boston, Mass., alleging that the prod- 
uct had been shipped by Isaac Goldberg, New York, N. Y., and trans- 
ported from the State of New York into the State of Massachusetts, 
and charging adulteration and misbranding in violation of the Food 
and Drugs Act. The product was labeled in English: " Malaga— 
Kefined—sweetened, fortified and Compound Wine, Harmless color— 
Guaranteed under the National Pure Food Law—I. Goldberg, N. Y.— 
I. Goldberg, rectifier and wholesale liquor dealer—Graham Ave., 
Brooklyn, N. Y." It was also labeled in Hebraic, which label trans- 
lated into English reads as follows: " Kosher Wine—Manufactured 
by Isaac Goldberg, New York."
Adulteration of the product was alleged in the libel for the reason 
that a substance, to wit, a sugar wine of domestic origin, had been 
mixed and packed with said product so as to reduce, lower, and inju- 
riously affect its quality and strength, and further in that a sub- 
stance, to wit, said sugar wine, had been substituted wholly or in part 
for said food, and further in that it was artificially colored in a man- 
ner whereby its inferiority was concealed. Misbranding was alleged 
for the reason that the label on the product bore a certain statement, 
design, and device regarding it and the ingredients and substances 
contained therein which was false and misleading; that is to say, 
the word " Malaga" which appeared thereon, thereby leading a 
purchaser to believe that said food was Malaga wine, whereas, in 
truth and in fact, it was not Malaga wine.
On May 3, 1913, I. Goldberg, the said claimant, having consented
to a decree, judgment of condemnation and forfeiture was entered
and it was ordered by the court that the product should be delivered
to said claimant upon payment of costs of the proceedings and the
execution of bond in the sum of $100, in conformity with section 10
of the Act.
B. T. GALLOWAY,
Acting Secretary of Agriculture. 
WASHINGTON, D. C., September 29,1913.
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