11786. Adulteration and misbranding: of vinegar.     U.  S. v.  129  Cartons  of
Apple Cider Vinegar. Decree ordering release of product under 
bond to be relabeled. (F. Jc D. No. 16919. I. S. No. 9208-v. S. No. 
C-2934.)
On November 13, 1922, the United States attorney for the Northern District 
of Ohio, 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 129 cartons of apple cider vinegar at Cleveland, Ohio, 
alleging that the article had been shipped by the Powell Corp., from Canan- 
daigua, N. Y., on or about September 7, 1922, 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: " Tri 
W Brand * * * 16 Oz. * * * Reduced With Water To 4% Acetic 
Strength Pure Apple Cider Vinegar."
Adulteration of the article was alleged in the libel for the reason that dis- 
tilled vinegar had been mixed and packed with and substituted wholly or in 
part for the said article.
Misbranding was alleged for the reason that the statement, "Pure Apple 
Cider Vinegar," was false and misleading and deceived and misled the pur- 
chaser. 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 March 26, 1923, the Powell Corp., Canandaigua, N. Y., having appeared 
as claimant for the property and having admitted the allegations of the libel, 
a decree of the court was entered ordering 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 $1,000, in conformity with section 10 of the act, condi- 
tioned in part that it be emptied into barrels and labeled, " Cider Vinegar and 
Distilled Vinegar, Reduced to 4% Acidity."
HOWARD M. GORE, Acting Secretary of Agriculture.