5401. Adulteration and misbranding of vinegar. U. S. * * * v. 100 Bar- 
rels * * * of Vinegar. Consent decree of condemnation and for- 
feiture.     (F. & D. No. 7932.    I. S. No. 11039-m.    S. No. C-612.)
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 100 barrels of vinegar, remaining unsold in the original un- 
broken packages at West Hammond, Ill., alleging that the article had been 
shipped on October 3, 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% acetic strength. * * * Fermented cider 
vinegar."
Adulteration of the article was alleged in the libel for the reason that dis- 
tilled vinegar, boiled cider, and added ash material 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 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 that the article 
consisted of pure fermented cider vinegar, whereas, in truth and in fact, dis- 
tilled 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 vin- 
egar, whereas, in truth and in fact, it was an imitation pure cider vinegar and 
was offered for sale under the distinctive name of another article, to wit, pure 
fermented cider vinegar.
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On January 19, 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 article 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 YSOOMAS, Acting Secretary of Agriculture.