13363. Adulteration   and  misbranding  of vinegar.     V.   S.  v.  17  Barrels   of
Vinegar.      Default   decree   of   condemnation,   forfeiture   and   de- 
struction.     (F. & D. No. 17052.    I. S. No. 10659-v.    S. No. (S-2946.)
On January 24, 1923, the United States attorney for the Western District of 
Michigan, 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 17 barrels of vinegar, remaining in the original un- 
broken packages at Hancock, Mich., alleging that the article had been shipped 
by the National Vinegar Co., from Buffalo, N. Y., on or about June 2, 1922, and 
transported from the State of New York into the State of Michigan, 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 * * * 
Distributed By National Vinegar Company Buffalo, N. Y."
Adulteration of the article was alleged in the libel for the reason that 
vinegar made from evaporated' or dried apple product had been mixed and 
packed therewith so as to reduce, lower, and injuriously affect its quality
and strength, and had been substituted wholly or in part for vinegar made from 
apples, which the said article purported to be. 
.    
Misbranding was alleged for the reason that the article was labeled "Pure 
Cider Vinegar Made From Apples," so as to deceive and mislead the purchaser, 
for the further reason that the statement " Pure Cider Vinegar Made From, 
Apples," borne on the barrels containing the article, was false and misleading, 
in that it contained a foreign substance, namely, barium, and for the further 
reason that it was offered for sale under the distinctive name of another 
article.
On July 23, 1923, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. F. MAEVIN, Acting Secretary of Agriculture.