1.7735. Misbranding? and alleged Adulteration of vinegar. U. S. v. 23 Cases of Vinegar. Decree of condemnation and forfeiture. Product re- leased under bond. (F. & D. No. 22656. I. S. No. 23576-x. S. No. 688.) Samples of bottled vinegar from the herein described interstate shipment having been found short of the declared volume and below the declared acid strength, the Secretary of Agriculture reported the matter to the United States attorney for the District of Minnesota. On March 30, 1928, the said United States attorney filed in the District Court of the United States for the district aforesaid a libel praying seizure and con- demnation of 23 cases of vinegar, remaining in the original unbroken packages at Mankato, Minn., alleging that the article had been shipped by the Robb-Ross Co., from Sioux City, Iowa, on or about January 16, 1928, and had been trans- ported from the State of Iowa into the State of Minnesota, and charging adul- teration and misbranding in violation of the food and drugs act as amended. The article was labeled in part: " Contents 1 Quart Tropical Brand Pure Apple Cider Vinegar. Reduced to 4.5 per cent Acidity. Packed by Robb-Ross Co., Sioux City, Iowa." It was alleged in the libel that the article was adulterated in that vinegar made of dried apples and deficient in acid and containing an excessive quantity of water had been mixed and packed with the said article so as to lower and reduce and injuriously affect its quality and strength, and had been substituted wholly or in part for pure apple cider vinegar. Misbranding was alleged for the reason that the statements on the label, "Pure Apple Cider Vinegar. Reduced to 4.5 per cent Acidity. Contents one quart," were false and misleading and deceived and misled the purchaser. Mis- branding was alleged for the further reason that the article was offered for sale under the distinctive name of another article, 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 November 20,1928, the Tolerton & Warfield Co., having appeared as claim- ant for the property and having consented to the entry of a decree, judgment was entered finding the product misbranded as to the acid contents of the article and ordering that it be condemned. It was further ordered by the court that the product be released to the said claimant upon payment of costs and the execution of a bond in the sum of $500, conditioned in part that it should not be used, sold, or disposed of in violation of the law. ARTHUB M. HYDE, Secretary of Agriculture.