3023.?Misbranding of brandy.   U. S. v. 9 Cases of Brandy.   Default decree of condemnation
and forfeiture.   Goods ordered released on bond.   (F. & D. No. 4973.   S. No. 1646.)
On January 22, 1913, the United States attorney for the Southern District of Texas,?
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 9 cases,?
each containing 12 bottles of so-called cognac brandy, remaining unsold in the original?
unbroken packages and in possession of Nicolini & Vaiani, Galveston, Tex., alleging
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[April,
l914.
that the product had been shipped by Loewenthal Strauss Co., on or about April 9,?
1912, and transported from the State of Ohio into the State of Texas, and charging?
misbranding in violation of the Food and Drugs Act. The product was labeled: (On?
cases) "Monacco Brand?Liqueurs?Cognac?The L. S. Co.?Trade Mark?This case?
contains 12 bott. 5 to gal." (On bottles) "Monacco Brandy?Blend?Cognac??
Type." Misbranding of the product was alleged in the libel for the reason that it?
was labeled as set forth above, whereas, in truth and in fact, it was not genuine cognac?
brandy, but an imitation thereof. It was alleged that the labels were so constructed?
that the words "Monacco Brand Cognac" were in prominent type, while the words?
"Blend" and "Type," modifying the above, were inconspicuously displayed in?
small type, so that the whole effect was false and misleading and would mislead the?
purchaser to believe that the product was a cognac brandy and not an imitation.
On June 20, 1913, no claimant having appeared for the property, judgment of con??
demnation and forfeiture was entered, and it was ordered by the court that upon?
filing boiid required by law and paying the costs of the proceedings by the owners,?
the said Loewenthal Strauss Co., that the United States marshal be directed to release
the product to said owners.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 6, 1914-