NOTICE OF JUDGMENT NO. 2652.
(given pursuant to section 4 of the Food and Drugs Act.)
U. S. v. 10 Barrel* Malaga Type Wine.   Decree of condemnation.   Product
released on bond.
ADULTERATION  AND  MISBRANDING  OF  MALAGA  TYPE  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 10 barrels of a product 
purporting to be a Malaga type wine, remaining unsold in the original 
unbroken packages at Boston, Mass., alleging that the product had 
been shipped by the Brownsville Fruit Distilling Co., Brooklyn, N. Y., 
and transported from the State of New York into the State of Mas- 
sachusetts, and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The product was labeled: (On princi- 
pal head of barrels) " Brownsville Fruit Distilling Company, New 
York". (On other head) "Malaga Type Wine". It was also 
labeled in Hebraic, which, translated into English, reads as follows: 
;' Malaga Wine for Passover, Inspected by three Rabbis."
Adulteration of the product was alleged in the information for 
the reason that a substance, to wit, an imitation of wine, glucose, 
sugar, and water, had been mixed and packed with it so as to reduce, 
lower, and injuriously affect its quality and strength, and further in 
that a substance, to wit, said imitation wine, glucose, sugar, and 
water, had been substituted wholly or in part for said food. Mis- 
branding was alleged for the reason that the label bore a certain 
statement, design, and device, regarding the product and the in- 
gredients and substances contained therein, which was false and mis- 
leading ; that is to say, the words " Malaga Type Wine " and " Malaga 
Wine" which appeared thereon thereby would lead a purchaser to 
believe that the product was Malaga type wine, whereas, in truth 
and in fact, it was not so.
On May 3, 1913, the said Brownsville Fruit Distilling Co., claim- 
ant, having admitted the allegations in the libel, judgment of con-
12952°—No. 2652—14
demnation and forfeiture was entered, and it was ordered by the 
court that the product should be delivered to said claimant upon 
payment of the 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. G, September 29,1913.
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