7170. Adulteration and Misbranding of vineg-ar. IT. S. * * * v. 43 Cases, 
18 Half-barrels, and 42 Cases of Vinegar. Consent decree of con- 
demnation   and   forfeiture.     Product    ordered   released    on    bond.
(F. & D. No. 9827.     I. S. Nos. 16275-r, 16276-r, 16277-r.     S. No. E-1254.)
On March 5, 1919, the United States attorney for the Northern District of 
Georgia, 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 43 cases, each containing 2 dozen packages, 18 half-barrels, 
and 42 cases, each containing 1 dozen packages of so-called apple cider vinegar, 
remaining unsold in the original unbroken packages, at Rome, Ga., alleging that 
the article had been shipped on or about September 3, 1918, by the Republic 
Preserving Co., Memphis, Tenn., and transported from the State of Tennessee 
into the State of Georgia, and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act. The article was labeled in part, respectively, 
"'Blue Jay Brand Pure Apple Cider Vinegar," "Apple Cider Vinegar 40 grain 
strength," and " Dawson Brand Pure Apple Cider Vinegar Reduced to 4 % 
acetic strength."
Adulteration of the article was alleged in the libel for the reason that dilute 
acetic acid, or distilled vinegar, and water colored with caramel, had been 
mixed and packed with, and substituted wholly for, cider vinegar, and for the 
farther reason that it had been colored with caramel in a manner whereby its 
impurity [inferiority] to cider vinegar was concealed.
Misbranding of the article was alleged for the reason that the statements 
borne on the labels, regarding the article, to wit, " Pure Apple Cider Vinegar," 
" Apple Cider Vinegar 40 grain strength," and " Pure Apple Cider Vinegar Re- 
duced to 4% acetic strength," were false and misleading and deceived the pur- 
chaser and produced in his mind the belief that tlie product was pure apple 
cider vinegar, or apple cider vinegar, 40 grain strength, or pure apple cider 
vinegar reduced to 4 per cent acetic strength, whereas, in fact, it was not, and 
for the further reason in substance that it was offered for sale under the dis- 
tinctive name of another article, to wit, pure apple cider vinegar, or apple cider 
vinegar, 40 grain strength, or pure apple cider vinegar reduced to 4 per cent 
acetic strength.
On June 13, 1919, the McWilliams Feed and Grocery Co., Rome, Ga., claimant, 
having admitted the truth of the allegations contained in the libel and con- 
sented to a decree, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product should be released to said 
claimant upon the payment of the costs of the proceedings and the execution 
of a bond in the sum of $500, in conformity with section 10 of the act, con-
ditioned in part that the product should be relabeled as imitation vinegar, ancJ 
should be fortified with distilled vinegar to a strength of at least 4 grams per 
100 cc.
E. D. BALL, Acting Secretary of Agriculture,