11517. Adulteration and misbrandings of vjnegfar. TJ. $. v. 4 Barrels and?
9 Barrels of Vinegar. Consent decrees of condemnation and?
forfeiture.     Product   released   under   bond,     (F.   &   D.   Nos.   16913,
16913.    I. S. No. 1711-v.     S. No. E-4213.)
On November 9, 1922, the United States attorney for the District of Con??
necticut, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district libels praying the seizure?
and condemnation of 13 barrels of vinegar, remaining unsold in the original?
unbroken packages at Hartford, Conn., alleging that the article had been?
shipped by the Powell Corp., from Canandaigua, N. Y., on or about September?
5, 1922, and transported from the State of New York into the State of Con??
necticut, and charging adulteration and misbranding in violation of the Food?
and Drugs Act. The article was labeled in part: "Pure Cider Vinegar Made?
From Apples Reduced To 4?    *    *    *   The Powell Corp Canandaigua, N. Y."
Adulteration of the article was alleged in the libels for the reason that dis??
tilled vinegar and evaporated apple products vinegar had been mixed and?
packed therewith so as to reduce and lower and injuriously affect its quality?
and strength and had been substituted wholly or in part for the said article.
Misbranding of the article was alleged for the reason that the labels on?
the barrels containing the said article bore the following statements, designs,?
and devices, " Pure Cider Vinegar Made From Apples," which were false and?
misleading and deceived and misled the purchaser in that the said statements,?
designs, and devices were and were intended to be of such a character as to?
induce the purchaser to believe that the said article was cider vinegar, when,?
in truth and in fact, it was not. 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, to wit, cider vinegar.
On May 23, 1923, the Powell Corp., Canandaigua, N. Y., having appeared as?
claimant for the property and having consented to the entry of decrees, judg??
ments of condemnation and forfeiture were 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 good and sufficient bonds,?
in conformity with section 10 of the act.
HOWARD M. GORE, Acting Secretary of Agriculture.