3091. Misbranding of vinegar.   TJ. S. v. 55 Barrels, More or Less, Vinegar.   Decree of con??
demnation.   Product released on bond.   (F. & D. No. 5196.   S. No. 1775.)
On May 3, 1913, the United States attorney for the District of Indiana, 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 55 barrels of vinegar,?
remaining unsold in the original unbroken packages and in possession of Ragon Bros.,?
Evansville, Ind., alleging that the product had been transported from the State of?
Ohio into the State of Indiana, and charging misbranding in violation of the Food?
and Drugs Act. The product was labeled: "Elks Pride Brand Cider Vinegar. Made?
by The Harbauer Company, Toledo, Ohio, March 11, 1913. Guaranteed under the?
Food and Drugs Act, June 30, 1906. Serial No. 8904. Made from apple juice diluted?
to 4? acidity." The barrels were also marked with figures indicating the net con??
tents in gallons of said barrels, as follows, to wit, 3 barrels with the figures "44";?
2 barrels with the figures "45"; 5 barrels with the figures "46"; 3 barrels with the?
figures "47"; 10 barrels with the figures "48"; 11 barrels with the figures "49"; 4?
barrels with the figures "50"; 2 barrels with the figures "51"; 4 barrels with the?
figures"52"; 3 barrels with the figures " 53 "; 6 barrels with the figures " 54 "; 2 barrels?
with the figures "55."
Misbranding of the product was alleged in the libel for the reason that the statements,?
brands, and marks on the barrels regarding the measure in net gallons of the contents?
of the barrels were false and misleading in that the statements as to the net contents?
and gallons of vinegar contained in the barrels were incorrect; that, in truth and in?
fact, said barrels contained 6.13 per cent less vinegar in net gallons than the amount?
indicated by the figures marked on the barrels indicating the net gallon contents?
thereof, and the variations between the marks, brands, and labels indicating the net?
contents in gallons and the actual net contents in gallons of said barrels were not?
reasonable variations and said barrels were not small packages.
Supplement.]    SERVICE  AND REGULATORY  ANNOUNCEMENTS.	303
On May 15, 1913, The Harbauer Co., Toledo, Ohio, claimant, having entered its?
appearance and the case coming on for hearing, judgment of condemnation was?
was entered and it was ordered by the court that the product should be sold by the?
United States marshal after the obliteration of all marks, brands, and labels as to the?
contents of the barrels. It was provided, however, in the order of the court that the?
product should be released to said claimant upon payment of all costs of the pro??
ceedings and the execution of bond in the sum of $600 in conformity with section
10 of the act.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, April 14, 1914.