5400. Adulteration and misbranding of vinegar. U. S. * * * v. 80 Bar- 
rels * ¦"¦ * of Vinegar. Consent decree of condemnation and for 
feiture. Product ordered released cm bond. (F. & D. No. 7931. I. S. 
No. 11732-m.    S. No. C-611.)
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 80 barrels of vinegar, remaining unsold in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
on October 25, 1916, by the Benton Fruit Products Co., Benton Harbor, Mich., 
and transported from the State of Michigan into the State of Illinois, and charge 
in 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% acetic strength.   Fermented cider vinegar."
Adultei'ation of the article was alleged in the libel for the reason that 
distilled vinegar, boiled cider, and added ash material had been mixed and 
packed with the article so as to reduce, lower, and injuriously affect its quality 
and strength, and had been substituted in part for said article.
Misbranding was alleged for the reason that the statement appearing on the 
barrels, to wit, " Reduced to 4% acetic strength. * * * Fermented cider 
vinegar," was false and misleading in that it represented to the purchaser that 
the article consisted of pure fermented cider vinegar, whereas, in truth and in 
fact, distilled vinegar, boiled cider, and added ash material had been mixed 
and packed with the article so as to reduce, lower, and injuriously affect its 
quality and strength; and for the further reason that said statement deceived 
and misled the purchaser into the belief that the article was a pure fermented 
cider vinegar, whereas, in truth and in fact, it was an imitation of pure fer- 
mented cider vinegar 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 Prod* 
Acts 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 delivered to said claimant upon the payment of the 
costs of the proceedings and other expenses 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.