19577. Adulteration   and   alleged   Misbranding of   vinegar.    U.   S.   v.   3S
Barrels of Vinegar.    Default Decree of condemnation and destruc- 
tion.     (F. & D. No. 27607.    I. S. No. 36221.    S. No. 5639.)
This action involved the interstate shipment of a quantity of vinegar which 
was found to be below the declared acid strength and which also was found 
to contain arsenic.
On December 26, 1931, the United States attorney for the District of Ne- 
braska, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 38 barrels of the said vinegar at Grand Island, 
Nebr., alleging that the article had been shipped in interstate commerce on 
or about October 20, 1931, by the Western Cider Vinegar Co., from Milton, 
Oreg., to Grand Island, Nebr., and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part: " Maxi 
Cobb Brand Apple Cider Vinegar Reduced to 5%."
It was alleged in the libel that the article was adulterated in that it was 
deficient in acid, and contained an added poisonous or deleterious ingredient, 
arsenic, which might have rendered it harmful to health.
Misbranding was alleged for the reason that the statement on the label,. 
"Reduced to 5%," was false and misleading and deceived and misled the 
purchaser.
On March 8, 1932, no claimant having appeared for the property, judgment 
was entered finding the product adulterated and ordering that it be condemned 
and destroyed by the United States marshal.
ABTHTJE M. HYDE, Secretary of Agriculture.