0160.  Ailultei-ation and Misbranding of sauerici-aut.     V. S.     *     *     *     v. 10O 
Cases     *   ¦ *      *     of   Sauerkraut.     Decree   of  adulteration.     Product
released  under   bond.     (P.   &  D.   No.   8759.    I.   S.   No.   Ii827-p.     S,   No. 
Cr811.)
On February 2, 1918, 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 cases, more or less, each containing 2 dozen retail packages 
of sauerkraut, remaining unsold'in the original unbroken packages at Chicago, 
111., alleging that the article had been shipped by the Schall Packing Co., Balti- 
more, Md., on November 14, 1917, and transported from the State of Maryland 
into the State of Illinois, and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The article was labeled in part, (case) 
" Old Scott Brand * * * Sauer Kraut Packed by Baltimore Canning Co., 
Baltimore, Md."
Adulteration of the article was alleged in the libel for the reason that an 
excessive amount of brine had been packed and mixed therewith so as to 
reduce, lower, and injuriously affect its quality and strength, and had been 
substituted in part for the article.
Mis-branding was alleged for the reason that the statement, to wit, " Sauer 
Kraut," borne upon the labels of the cases, deceived and misled the purchaser 
into the belief: that the article consisted of sauerkraut containing a normal 
quantity of brine, whereas the article contained an excessive quantity of brine.
On November 14, 1918, John A. Tolman & Co., Chicago, Ill., having entered an 
appearance as claimant for the property and having denied the material allega- 
tions contained in the libel, judgment of the court was entered finding all the 
material allegations of the libel to be true and declaring the product to be 
adulterated, and it was ordered by the court that the product be released to 
said claimant upon payment of the costs of the proceedings and the execution 
of a bond in the sum of th,000, in conformity with section 10 of the act, con- 
ditioned in part that the cases and cans have placed upon them a sticker label 
bearing the statement, " 21 ozs. Sauerkraut ;i3 ozs. added brine."
E. D. BALL, Acting Secretary of Agriculture.