10311. Adultei-ation and misbranding of vinegar. IT. S. * * * v. lO?
Barrels of Cider Vinegar. Default decree of condemnation, for??
feiture, and destruction. (F. & D. No. 14081. I. S. No. 6279-t. S. No.?
EI-2971.)
On February 7, 1921, the United States attorney for the District of New?
Jersey, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and con??
demnation of 10 barrels of cider vinegar, remaining in the original unbroken?
packages at Elizabeth, N. J., alleging that the article had been shipped by?
the Powell Corp., Canandaigua, N. Y., on or about June 14, 1920, and trans??
ported from the State of New York into the State of New Jersey, and charging?
adulteration and misbranding in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that a sub?
stance, to wit, apple waste vinegar and added ash material, had been mixed?
and packed therewith so as to lower and reduce and injuriously affect its?
quality and strength and had been substituted in whole or in part for pure?
cider vinegar, which the said article purported to be.
Misbranding was alleged for the reason that certain statements labeled on?
the said barrels, regarding the article and the ingredients contained therein,?
to wit, " Pure Cider Vinegar, Made from Apples Reduced to 4??Net Contents?
44, 45, 45, 47 gals (Lot 162) Made by the Powell Corp., Canandaigua, N. Y.,"?
were false and misleading in that the said statements represented to the pur??
chaser that the article was pure cider vinegar, and for the further reason that?
the article was labeled as aforesaid so as to deceive and mislead the purchaser?
thereof into the belief that it was pure cider vinegar, whereas, in truth and in?
fact, it was not pure cider vinegar, but was a product composed of waste apple?
vinegar and added ash material. Misbranding was alleged for the further?
reason that the article was a product composed of waste apple vinegar, prepared?
in imitation of, and offered for sale under the distinctive name of, another?
article, to wit, pure cider vinegar.
On January 19, 1922, no claimant having appeared for the property, judgment?
?of condemnation and forfeiture was entered, and it was ordered by the court?
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.