3028.?Misbranding of vinegar.   IT. S. v. 25 Cases of Vinegar.   Default decree of condemna?
tion and forfeiture.   Product ordered sold.   (F. & D. No. 4993.   I. S. No. 1658.)
-: On or about January 30,1913, 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 25 cases, each containing two dozen bottles of vinegar, remaining unsold in the?
original unbroken packages and in possession of William D. Cleveland & Sons, Houston,?
Tex., alleging that the product had been shipped from the State of Kentucky into the?
State of Texas, and charging misbranding in violation of the Pood and Drugs Act.?
The product was labeled: (On cases) "2 Doz. Qts. K. & L. Apple Vinegar." (On bot??
tles) "Pure (design apple) Vinegar Bottled by Knadler & Lucas, Incorporated, Louis??
ville,
' Ky."
Misbranding of the product was alleged in the libel for the reason that the bottles?
contained in the cases were not quarts in size, and that the vinegar in each bottle was?
less than the quantity indicated by an average shortage of 17.3 per cent, and the label??
ing of the cases as containing 2 dozen quarts was misleading and false, so as to deceive?
and mislead the purchaser as to the contents of the bottles contained in the cases, and?
the offer for sale of said cases and bottles of vinegar as aforesaid was a deceit and a mis??
branding within the meaning of the act aforesaid. On February 25, 1913, no claimant?
having appeared for the property, judgment of condemnation and forfeiture was en??
tered, and it was ordered by the court that the product should be sold by the United?
States marshal, and that the costs of the suit should be paid out of the proceeds of the?
sale, and if such proceeds were insufficient to pay all costs, it was adjudged that any?
balance should be adjudged against said William D. Cleveland & Sons. It was?
further ordered that said William D. Cleveland & Sons might at any time before the?
sale pay all costs and make bond in the sum of $200, in conformity with section 10 of
the act.
B. T. GALLOWAY, Acting Secretary of Agriculture.?
WASHINGTON, D. C, May 6, 1914-