13654. Misbranding and alleged adulteration of vinegar.     U. S. v. 54 Bar 
rels of Vinegar. Decree of condemnation and forfeiture. Prod- 
uct released under bond.     (F. & D. No.  15407.     I.  S. No. 319-t.    S. No.
C-3250.) 
On October 1, 1921, the United States attorney for the Eastern District of 
Wisconsin, 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 54 barrels of vinegar, remaining in the original unbroken 
packages at Milwaukee, Wis., alleging that the article had been shipped by the 
Douglas Packing Co., Rochester, N. Y., on or about August 24, 1921, and trans- 
ported from the State of New York into the State of Wisconsin, 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. Guar- 
anteed to Comply With All Pure Food Laws."
Adulteration of the article was alleged in the libel for the reason that a 
product made from evaporated or dried apple products had been mixed and 
packed with and substituted wholly or in part for apple cider vinegar, which 
the said article purported to be.
Misbranding was alleged in substance for the reason that the labels on the 
barrels containing the article bore the statements: "Apple Cider Vinegar 
Made From Selected Apples. Guaranteed To Comply With All Pure Food 
Laws," which was false and misleading, in that the said article was not cider 
vinegar but was a mixture of vinegar made from evaporated and dried apples. 
Misbranding was alleged for the further reason that the article was an imita- 
tion of and offered for sale under the distinctive name of another article, to 
wit, apple cider vinegar.
On April 18, 1925, the Douglas Packing Co., Rochester, N. Y., having ap- 
peared as claimant for the property and the case having been submitted to the 
court on the pleadings and statements of attorneys, 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 product be re- 
leased to the said 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.