6393. Adulteration and misbranding of -vinegar. TJ. S. * * * v. 130 Bar- 
rels of Vinegar * * *. Consent decree of condemnation and for- 
feiture. Product ordered released on bond. (F. & D. No. 7920. I. S. 
Nos. 11240-m, 11241-m.    S. No. C-605.)
On December 15, 1916, the United States attorney for the Eastern District 
of Wisconsin, 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 130 barrels of vinegar, remaining unsold in the original 
unbroken packages at Milwaukee, Wis., alleging that 100 barrels had been 
shipped on or about October 2, 1916, and that 30 barrels had been shipped 
on or about September 11, 1916, by the Benton Fruit Products Co., Benton 
Harbor, Mich., and transported from the State of Michigan into the State of 
Wisconsin, and charging adulteration and misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: " Pocahontas Brand 
Cider Vinegar Benton Fruit Products Co., Benton Harbor, Mich. Reduced 
to 4% " (or "4|% ") " acetic strength.    Fermented Cider Vinegar."
Adulteration of the article in each shipment was alleged in the libel for the 
reason that distilled vinegar or dilute acetic acid, boiled cider, sodium car- 
bonate, and other ash materials had been substituted wholly for cider vinegar 
which the article purported to be.
It was alleged in substance in the libel that the article in each shipment 
was misbranded for the reason that the label on each of the barrels bore a 
statement which indicated that the article was cider vinegar, which said 
statement was false and misleading and such as to deceive and mislead the 
purchaser into the belief that the article was cider vinegar, when, in truth 
and in fact, it was not, but was a mixture of distilled vinegar or dilute acetic 
acid, boiled cider, sodium carbonate, and other ash materials. It was further 
•alleged that the article was an imitation of cider vinegar and was offered 
for sale under the distinctive name of cider vinegar, whereas, in truth and 
in fact, it was not cider vinegar, but was a mixture of distilled vinegar or 
dilute acetic acid, boiled cider, sodium carbonate, and other ash materials.
On February 17, 1917, G. B. Gehlert, doing business as the Benton Fruit 
Products Co., claimant, having admitted the allegations of the libel, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that* the product should be redelivered to said claimant, upon the payment of 
the costs of the proceedings and the execution of a bond in the sum of $1,000, 
in conformity with section 10 of the act.
GAEL VROOMAN, Acting Secretary of Agriculture.