10707.?Adulteration  and  misbranding-  of vinegar.    IT.  S.  v.  34 Barrels  of
Vinegar. Decree of condemnation and forfeiture. Product re??
leased under bond. (F. & D. No. 16113. I. S. No. 8836-t. S. No.?
B-3849.)
On April 19, 1922, the United States attorney for the District of Maryland,?
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 34 barrels of vinegar, remaining in the original unbroken packages at Cum-
398	
BUREAU  OF  CHEMISTRY.	
[Supplement 145,
berland, Md., consigned November 29, 1921, alleging that the article had been?
shipped by the National Fruit Product Co., Martinsburg, W. Va., and trans??
ported from the State of West Virginia into the State of Maryland, and charging?
adulteration and misbranding in violation of the Food and Drugs Act, as?
amended.
Adulteiation of the article was alleged in the libel for the reason that dis??
tilled vinegar had been mixed and packed with the said article so as to reduce?
and lower and injuriously affect its quality and strength and had been substi??
tuted wholly or in part for the article.
Misbranding was alleged in substance for the reason that the statement?
appearing on the label of the barrel containing the article, to wit, "National?
Fruit Product Co. Pure Apple Vinegar Made from Evaporated Apple Products,"?
was false and misleading and deceived and misled the purchaser. Misbranding?
was alleged for the further reason that the article was an imitation of and?
was offered for sale under the distinctive name of another article, and for the?
further reason that it was (food) in package form and the quantity of the?
contents was not plainly and conspicuously marked on the outside of the?
package.
On May 5, 1922, the National Fruit Product 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 product be released to the?
said claimant, upon payment of the costs of the proceedings and the execution?
of a bond in the sum of $300, in conformity with section 10 of tie act.
C. W. PUGSLEY, Acting Secretary of Agriculture.