13650. Adulteration   and   misbranding   of   vinegar.     V.   S.   v.   25   Cases   of
Vinegar.     Default   decree   entered,   ordering   product   destroyed.
(F. & D. No. 17551.    I. S. No. 9680-v.    S. No. C-4007.)
On June 1, 1923, the United States attorney for the Southern 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 25 cases of vinegar, remaining in the original packages at 
Nelsonville, Ohio, consigned by the De Luxe Products Co., Pittsburgh, Pa., 
about March 24, 1923, alleging that the article had been shipped from Pitts- 
burgh, Pa., and transported from the State of Pennsylvania into the State of 
Ohio, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: "De Luxe Brand * * * Pure 
Cider Vinegar Made From Apple Juice * * * Guaranteed By De Luxe 
Products Co. N. C. Pittsburgh, Pa."
Adulteration of the article was alleged in the libel for the reason that 
distilled 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 statements " Pure Cider 
Vinegar Made From Apple Juice * * * Guaranteed By," borne on the 
labels, were false and misleading and deceived and misled the purchaser, and 
for the further reason that it was an imitation of and offered for sale under 
the distinctive name of another article, to wit, pure apple cider vinegar.
On July 23, 1925, no claimant having appeared for the property, judgment of 
the court was entered, finding the product adulterated and misbranded and 
ordering that it be destroyed by the United States marshal.
B. W. DTTNXAP, Acting Secretary of Agriculture.