11023.  Adulteration   and   misbranding'  of  vinegar.     V.   S.  v.  65  Barrels   of?
Vinegrar.    Consent decree ordering- release of product under bond.
(F. & D. No. 16881.     I. S. No. 2542-v     S. No. E-4197.)
On October 10, 1922, the United States attorney for the Middle District of?
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 65 barrels of vinegar, remaining in the original unbroken?
packages at Ashley, Pa., alleging that the article had been shipped by the?
Powell Corp., Canandaigua, N. Y., on or about September 6, 1922, and trans??
ported from the State of New York into the State of Pennsylvania, and charg??
ing 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?    *    *    *    Man'f'd By The Powell Corp. Canandaigua, N. Y."
Adulteration of the article was alleged in the libel for the reason that dis??
tilled vinegar had been mixed and packed therewith so as to reduce and lower
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[Supplement 16.1,
znd injuriously affect its quality and strength and had been substituted wholly?
or in part for the said article.
Misbranding was alleged for the reason that the statement appearing on the?
labels of the barrels containing the article, " Pure Cider Vinegar Made From?
Apples," was false and misleading and deceived and misled the purchaser?
thereof. Misbranding was alleged for the further reason that the article was?
an imitation of and offered for sale under the distinctive name of another?
article, to wit, pure cider vinegar made from apples.
On April 24, 1923, the Powell Corp., Canandaigua, N. Y., claimant, having?
consented to the entry of a decree, 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 $500, in conformity with section 10?
of the act, conditioned in pari that the said product be relabeled as follows:?
" Cider Vinegar and Distilled Vinegar Reduced to 4? Acidity."
HOWAKD M. GORE, Acting Secretary of Agriculture.