3303.?Adulteration   and   misbranding   of   Scnppernong   wine.     U.   S.   v.   *
Cases of Scnppernong Wine.    Default decree of condemnation, for??
feiture, and destruction.     (F. & D. No. 4509.    S. No. 1503.)
On September 12, 1912, the United States attorney for the Eastern District?
of Michigan, 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 4 cases, each containing 1 dozen bottles of Seuppernong wine,?
remaining unsold in the original unbroken packages and in possession of O. B.?
Cook & Co., Detroit, Mich., alleging that the product had been shipped on?
August 17, 1912, by the A. Schmidt Jr. & Bros. Wine Co., Sandusky, Ohio, and?
transported from the State of Ohio into the State of Michigan, and charging?
adulteration and misbranding in violation of the Food and Drugs Act. The?
product was labeled "Ohio Golden Eagle Seuppernong Wine. The A. Schmidt?
Jr. and Bros. Win? Co. Sandusky, Ohio."
It was alleged in the libel that the product was misbranded in violation of?
paragraph 1 of section 8 of the Food and Drugs Act and also in violation of?
paragraphs 1, 2, and 4 of section 8, under the classification of " Food," in said?
act. It was also alleged that the product was adulterated in violation of sec??
tion 7 of said act and of paragraphs 1 and 2 under "Food" in said act, an?
examination of the samples of said product by the Bureau of Chemistry of the?
Department of Agriculture having revealed that said product was imitation?
Seuppernong wine, consisting of a mixture of pomace wine and other wines,?
and very little if any Seuppernong wine, which had been substituted for?
Seuppernong wine, thus reducing and injuriously affecting the quality and?
strength of the article. It was further alleged that the product was liable to?
condemnation and confiscable under the terms and provisions of the Food and?
Drugs Act, for the reason that the cases of wine and each of them by the label?
contained on the retail containers thereof were labeled and printed so as to?
deceive and mislead the purchasers thereof, and said product was adulterated?
in. that a substitution had been mixed and packed with it so as to reduce?
and injuriously affect its quality and strength, and in that a substance had?
been substituted in part for the article, an analysis of the product disclosing?
the fact that said product was an imitation of Seuppernong wine prepared?
wholly or in part from pomace wine and other wines and very little if any?
Seuppernong wine.
On October 6, 1913, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product should be destroyed by the United States marshal.
B. T.  GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 26, 1914.