9189. Adulteration and misbranding1 of vinegar, U. S. * * * v. 38 
Dozen Bottles, 5 Dozen Bottles, 36 Dozen Bottles, and 25 Dozen 
Bottles     *     *     *     of  Distilled   Spirit  Vinegar.     Default   decrees   of
condemnation, forfeiture, and destruction.     (F. & D. Nos. 13994, 14060,
14001.    I. S. Nos. 8085-t, 8081-t, 8682-t, 8683-t.     S. Nos. E-2914, E-2906.)
On December 4 and 13, 1920, the United States attorney for the District of 
Columbia, acting upon reports by the Secretary of Agriculture, filed in the. 
Supreme Court of the District aforesaid, holding a district court, libels for the 
seizure and condemnation of 38 dozen, 5 dozen, 36 dozen, and 25 dozen bottles, 
more or less, of distilled spirit vinegar, at Washington, D. C, alleging that the 
article had been offered for sale and sold at the District aforesaid, by C. W.- 
Davis & Son, on or about November 3, September 11, July 1, and August 18, 
1920, respectively, and charging adulteration and misbranding in violation of 
the Food and Drugs Act, as amended. The article was labeled in part, " Con- 
tains 8 Fluid Ozs." (or "11 Fluid Ozs.") "Analostan Brand Distilled Spirit 
Vinegar Colored For Table And Pickling Use Bottled By 0. W. Davis & Son, 
*    *    *    Washington, D. C.    *    *    *"
Adulteration of the article was alleged in the libels for the reason that a 
substance, to wit, excessive water, had been mixed and packed therewith so as 
to reduce and lower and injuriously affect its quality and strength, and had 
been substituted in whole or in part for distilled vinegar, which the article 
purported to be, and for the further reason that the article had been mixed 
and colored in a manner whereby damage or inferiority had been concealed.
Misbranding was alleged for the reason' that the article was labeled "Dis- 
tilled Spirit Vinegar 8" (or "11") "fluid ounces," which labeling was false 
and misleading and deceived and misled the purchaser by representing that the 
article was distilled spirit vinegar, whereas, in truth and in fact, it was not, 
but was a substance deficient in acetic acid, for the further reason that the 
article was an imitation of, and was offered for sale under the distinctive 
name of, another article, to wit, distilled spirit vinegar, and for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package.
On March 15, 1921, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal,
E. D. BALL, Acting Secretary of Agriculture.