3729. Adulteration and misbranding of so-called cognac.   U. S. v. J Cask   *   *   *   Cognac.?
Consent decree of condemnation and forfeiture.   Product ordered released on bond.
(F. &D.No. 5949.   I. S. No. 1606-k.   S.No. E-117.)
On September 24, 1914, 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 J cask, con??
taining a product purporting to be cognac, remaining unsold in the original unbroken?
package at Boston, Mass., alleging that the product had been shipped by Charles Spiegel?
& Co., Inc., New York, N. Y., and transported from the State of New York into the?
State of Massachusetts, and charging adulteration and misbranding in violation of?
the Food and Drugs Act.
Adulteration of the product was alleged in the libel because substances?to wit,?
neutral spirits?had been mixed and packed with said article in such a manner as to?
veduce, lower, and injuriously affect its quality and strength. Misbranding was?
alleged for the reason that said food upon said package and labels thereof bore a certain?
statement, design, and device regarding the ingredients and substances contained in?
said food, that is to say, the following words, "Francois Bremon & Co. Cognac,"?
and three stars prominently displayed thereon, which statement, design, and device?
was false and misleading, because it would lead the purchaser to believe that said?
food consisted of cognac and was the product of a foreign country, whereas, in truth and?
in fact, it was'not cbgnac and was not the product of a foreign country.
On January 25, 1915, the said Charles Spiegel & Co., Inc., claimant, having con??
sented to a decree and agreed to pay the costs of the proceedings, judgment of con??
demnation and forfeiture was entered, and it was ordered by the court that the product?
should be delivered and surrendered to said claimant upon the execution of bond in?
the sum of $100, in conformity with section 10 of the act.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, April 24, 1915.
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BUREAU   OP   CHEMISTRY.	
[Supplement 5.