13651. Misbranding? and alleged adnlteration of vinegar.     U. S. v. 36 Bar 
rels of Vinegar. Deeree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. No. 15483. I. S. No. 218-t. S. No. 
C-3267.)
On October 18, 1921, the United States attorney for the Eastern District of 
Illinois, 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 36 barrels of vinegar, remaining in the original unbroken 
packages at Robinson, Ill., consigned by the Douglas Packing Co., alleging that 
the article had been shipped from Canastota, N. Y., on or about August 22, 
1921, 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 Packing Co. Excelsior Brand 
Apple Cider Vinegar Made From Selected Apples    *    *    *    Rochester, N. Y."
Adulteration of the article was alleged in the libel for the reason that apple 
waste 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 article was an imitation of 
and offered for sale under the distinctive name of another article. Misbrand- 
ing was alleged for the further reason that the article was labeled "Apple Cider 
Vinegar Made From Selected Apples " so as to deceive and mislead the pur- 
chaser. Misbranding was alleged for the further reason that the statement 
"Apple Cider Vinegar Made From Selected Apples " was false and misleading 
and in that it was labeled as aforesaid so as to deceive and mislead the pur- 
chaser, since the said article contained barium.
On December 13, 1924, the Douglas Packing Co., Rochester, N. Y., having 
appeared as claimant for the property and the case having been submitted to 
the court for final determination, a decree was entered, adjudging the product 
to be misbranded and ordering its condemnation and forfeiture, and it was 
further ordered by the court that the said product be released to the claimant 
upon payment of the costs of the proceedings and the execution of a bond in the 
sum of $500, in conformity with section 10 of the act.
R. W. DUNLAP, Acting Secretary of Agriculture.