10813.?Adulteration   and  misbranding   of  vinegar.     IT.   S.  v.   53  Barrels   of
Alleged    Cider   Vinegar.     Consent    deeree    of   condemnation   and?
forfeiture.    Product   ordered   sold   and   l-elabeled.     (F.   &   D.   No.
14078.    I. S. No. 6466-t.    S. No. E-2939.)
On December 18, 1920, the United States attorney for the District of New?
Jersey, 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 53 barrels of alleged cider vinegar at Newark, N. J., alleg??
ing that^the article had been shipped on or about October 27, 192,0, by the?
National Vinegar Co., Palatine Bridge, N. Y., and transported 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. The article was labeled?
in part: (Barrel head) " N. Y. State Pure Cider Vinegar Reduced to N. Y.?
State Standard 4 per centum by J. C. Vosburgh, Canajoharie, N. Y."
Adulteration of the article was alleged in the libel for the reason that a?
substance, to wit, excessively diluted appLe waste vinegar, 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 the article, and?
for the further reason that said article had been mixed in a manner whereby?
inferiority had been concealed.
Misbranding was alleged for the reason that the article was an imitation?
of and offered for sale under the distinctive name of another article, and for?
the further reason that the label bore a statement regarding the article or the?
ingredients or substances contained therein, to wit, " N. Y. State Pure Cider?
Vinegar Reduced to N. Y. State Standard 4 per centum," which was false and?
misleading and deceived and misled the purchaser, since the analysis showed?
the presence of apple waste vinegar and excessive water.
On October 4, 1921, John C. Vosburgh, claimant, having admitted the allega??
tions of the libel and consented to a decree, judgment of condemnation and?
forfeiture was entered, and it was ordered by the court that the product be?
relabeled under the supervision of this department and sold by the United?
States marshal, with the proviso, however, that the product might be released?
and restored to said claimant upon the payment of the costs of the proceedings?
and the execution of bond in the sum of $800, in conformity with section 10?
of the act.
C. W. PXTGSLET, Acting Secretary of Agriculture.