11713. Adulteration  and  misbranding  of  vinegar.     U,   S.  v.   7  Barrels   of
Vinegar. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. No. 16528. I. S. No. 4801-v. S. No. 
C-2936.)
On November 14, 1922, the United States attorney for the Southern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnation of 7 barrels of vinegar at Hamilton, Ohio, consigned by the 
Powell Corp., Canandaigua, N. Y., on or about October 8, 1922, alleging that 
the article had been shipped from Canandaigua, N. Y., and transported from 
the State of New York into the State of Ohio, 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% * * * 
Man'f'd By The Powell Corp. Canandaigua, N. Y."
Adulteration of the article was alleged in the libel for the reason that 
distilled vinegar and evaporated apple products vinegar had been mixed and 
packed with and substituted wholly or in part for the article.
Misbranding was alleged for the reason that the statement, " Pure Cider 
Vinegar Made From Apples," was false nad misleading and deceived and 
misled the purchaser. 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.
On May 3, 1923, the Powell Corp., Canandaigua, N. Y., claimant, having 
admitted the facts set forth in the libel and consented to the entry of a decree, 
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 $100, in 
conformity with section 10 of the act, conditioned in part that it be relabeled 
in a manner satisfactory to this department.
HOWAED M. GORE, Acting Secretary of Agriculture.