5397. Adulteration and misbranding of vinegar. TJ. S. * * * v. 183 Bar- 
rels * * * of Vinegar. Consent decree of condemnation and for- 
feiture. Product ordered released on bond. (F. & D. No. 7928. I. S. 
Nos. 11631-m, 11632~m, 11633-m, 11634-m, 11635-m, 11636-m. S. Nos. C-607, 
C-608.)
On December 20, 1916, the United States attorney for the Northern District 
of Illinois, 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 183 barrels of vinegar, remaining unsold in the original un- 
broken packages at Chicago, Ill., alleging that the article had been shipped on 
November 6, 1916, October 18, 1916, October 12, 1916, November VI, 1916 (2 
shipments), and October 13, 1916, by the Benton Fruit Products Co., Benton 
Harbor, Mich., and transported from the State of Michigan into the State of 
Illinois, and charging adulteration and misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: " Benton Fruit Products Co., 
Benton Harbor, Mich. Reduced to 4 per cent" (or "41 per cent" or "5 per 
cent") "acetic strength. Fermented Cider Vinegar E" (or "A" or "G" or 
"B" or ĞD").
Adulteration of the article was alleged in the libel for the reason that dis- 
tilled vinegar or dilute acetic acid, boiled cider, and sodium carbonate had 
been mixed and packed therewith so as to reduce, lower, and injuriously affect 
its quality and strength, and had been substituted in part for said article.
Misbranding was alleged in substance for the reason that the statement 
appearing on the barrels, to wit, " * * * Reduced to 4 per cent" (or "4J per 
cent" or " 5 per cent") " acetic strength. Fermented Cider Vinegar * * * " 
was false and misleading in that it represented that the article consisted of pure 
fermented cider vinegar, whereas, in truth and in fact, distilled vinegar or dilute 
acetic acid, boiled cider, and sodium carbonate had been mixed and packed with 
the article so Us to reduce, lower, and injuriously affect its quality and strength; 
and for the further reason that said statement deceived and misled the pur- 
chaser into the belief that the article was a pure fermented cider vinegar, 
whereas, in truth and in fact, it was an imitation of, and was offered for sale 
under the distinctive name of another article, to wit, pure fermented cider 
vinegar.
On January 10, 1917, G. B. Gehlert, doing business as the Benton Fruit 
Products Co., claimant, having admitted the allegations of the libel, judgment 
İf condemnation and forfeiture was entered, and it was ordered by the court 
that the article should be delivered 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, conditioned in part that the article 
should be relabeled as imitation cider vinegar.
CARL VROOMAN
., Acting Secretary of Agriculture.