13536. Misbranding and alleged adulteration of vinegar. V.' S; v. 89 
Barrels of Vinegar, et al. Decree entered, adjudging product 
misbranded and ordering its condemnation and forfeiture. 
Product released under bond. (F. & D. Nos. 12537, 15470. 15471. 
I. S. Nos. 8588-r, 4896-t.    S. Nos. 0-1872, C-3271.)
Oil April 6, 1920, and October 14, 1921, respectively, the United States at- 
torney for the Southern District of Illinois, acting upon reports by the Secre- 
tary of Agriculture, filed in the District Court of the United States for said 
district libels praying the seizure and condemnation of 189 barrels of vinegar, 
in part at Springfield, Ill., and in part at Peoria, Ill., alleging that the article 
had been shipped by the Douglas Packing Co., in two consignments, from Fair- 
port, N. Y., and Canastota, N. Y., on or about February 10, 1920, and Septem- 
ber 19, 1921, respectively, and transported from the State of New York into 
the State of Illinois, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled in part: "Douglas Pack- 
ing Company. Excelsior Brand Apple Cider Vinegar Made From Selected Ap- 
ples * * * Rochester, N. Y." One shipment was further labeled: "Guar- 
anteed To Comply With All Pure Food Laws."
Adulteration of the article was alleged in the libels for the reason that 
vinegar made from evaporated or dried apple products had been mixed and 
packed with and substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was an imitation of 
and offered for sale under the distinctive name of another article. Misbrand- 
ing was alleged with respect to one shipment of the product for the further 
reason that the statements on the label "Apple Cider Vinegar Made From 
Selected Apples * * * Guaranteed To Comply With All Pure Food Laws " 
were false and misleading and deceived and misled the purchaser when ap- 
plied to an article made from evaporated or dried apple products. Misbrand- 
ing was alleged with respect to the other shipment of the product for the 
reason that it was labeled " Apple Cider Vinegar Made from Selected Apples," 
so as to deceive and mislead the purchaser and for the further reason that 
the said statement was false and misleading, in that the said portion of the 
product contained barium.
On February 4, 1925, the Douglas Packing Co., Rochester, N. Y., having ap- 
peared as claimant for the product and the cases having been consolidated into 
one action, judgment of the court was entered, finding the product misbranded 
and ordering its condemnation and forfeiture, and it was further 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 $1,000, 
in conformity with section 10 of the act.
R. W. DUNLAP, Acting Secretary of Agriculture.