13713. Misbranding and alleged adulteration of vinegar. U. S. v. 90 Bar- 
rels et al. of Vinegar. Consent decrees of condemnation and 
forfeiture. Product released under bond. (F. & D. Nos. 15349, 
15384, 15:596, 15400, 15401, 15414. I. S. Nos. 5746-t, 5966-t, 59fi9-t, 5970-t, 
5973-t, 5974-t, 5975-t. S. Nos. E-3547, E-3557, E-3560, E-3561, E-3569, 
E-3586.)
On August 27, September 16, 26, 28, and 29, and October 10, 1921, respectively, 
the United States attorney for the Western District of Pennsylvania, acting 
upon reports by the Secretary of Agriculture, filed in the District Court of the 
United States for said district libels praying the seizure and condemnation of 
457 barrels of vinegar, remaining in the original unbroken packages in part at 
Pittsburgh, Pa., and in part at Carnegie, Pa., alleging that the article had been 
shipped by the Douglas Packing Co., Rochester, N. Y., in various consignments, 
in part from Canastota, N. Y., and in part from Fairport, N. Y., on or about the 
dates of July 21 and 26 and August 3, 5, 11, and 31, 1921, respectively, and 
transported from the State of New York into the State-of Pennsylvania, and 
charging adulteration and misbranding in violation of the food and drugs act 
as amended. The article was labeled in part: " Douglas Packing Co. Apple 
Cider Vinegar Made from Selected Apples    *    *    *   Rochester, N. Y."
Adulteration was alleged in the libels with respect to a portion of the prod- 
uct 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 pure 
apple cider vinegar. Adulteration was alleged with respect to 103 barrels of 
the product for the reason that waste vinegar had been mixed and packed with 
and substituted wholly or in part for pure apple cider vinegar. Adulteration 
was alleged with respect to the 28 barrels of the product consigned July 21, 
1921, for the further reason that it had been mixed in a manner whereby 
damage or inferiority was concealed.
Misbranding was alleged with respect to all the product for the reason that 
it was an imitation of and offered for sale under the distinctive name of 
another article. Misbranding was alleged with respect to the greater portion 
of the product for the further reason that the statements "Apple Cider Vinegar 
Made From Selected Apples" or "Apple Cider Vinegar Made From Selected 
Apples Reduced To 4^ Per Centum," as the case might be, borne on the labels, 
were false and misleading and deceived and misled the purchaser. Misbranding 
was alleged with respect to the 28 barrels of the product consigned July 21,
1921, for the reason that it was labeled "Apple Cider Vinegar Made From 
Selected Apples," so as to deceive and mislead the purchaser, for the further 
reason that the said statement was Calse and misleading, and for the further 
reason that it was food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the package.
On August 4, 1925, the Douglas Packing Co., Rochester, N. Y., claimant, hav- 
ing admitted the allegations relative to the misbranding of the product and 
having consented to the entry of decrees of condemnation and forfeiture, judg- 
ments of the court were entered, ordering that the product be released to the 
said claimant upon payment of the costs of the proceedings and the execution 
of bonds in the aggregate sum of $2,091.60, in conformity with section 10 of 
the act, and it was further ordered by the court that the product be relabeled 
under the supervision of this department and that the claimant pay the storage- 
and drayage charges.
R. W. DUNLAP, Acting Secretary of Agriculture.