20041. Misbranding of vinegar.     U.S.  v.  65 Barrels  of  Vinegar.     Product
ordered released under bond to be brought into compliance -with 
the law
.    (F. & D. No. 28445.    Sample Nos. 1971-A, 18026-A.)
This action involved the shipment of a quantity of vinegar, all of which 
contained less acetic acid than declared on the label, and a portion of which
contained less than 4 grams of acetic acid per 100 cubic centimeters, i.e., less 
than the minimum acidity required for vinegar.
On July 2, 1932, the United States attorney for the District of Montana, 
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 65 barrels of vinegar at Bozeman, Mont., alleging that the 
article had been shipped in interstate commerce on or about May 2, 1932, by 
the Keller-Lorenz Co., from Spokane, Wash., to Bozeman, Mont., and charging 
misbranding in violation of the Food and Drugs Act. The article was labeled 
in part: " KL Brand Apple Cider Vinegar, 52 Gal., 45 Grs."
It was alleged in substance in the libel that the article was misbranded and 
that the statements on the label, "KL Brand Apple Cider Vinegar, 52 Gal., 
45 Grs.", were false and misleading and deceived and misled the purchaser, 
since they represented that the article had an acetic acid content of 45 grains, 
or 4*& grams per 100 cubic centimeters, whereas it contained a less amount. 
Misbranding was alleged for the further reason that the article was offered 
for sale under the distinctive name of " vinegar", when in fact it was not 
vinegar but was a product with an acetic acid content of less than 4 grams 
per 100 cubic centimeters. (This latter charge applied only to that portion of 
the product which was found to contain less than 4 grams of acetic acid per 
100 cubic centimeters.)
On August 26, 1932, the Lovelace Grocery Co., Bozeman, Mont., having ap- 
peared as claimant for the property and having admitted the allegations of the 
libel, judgment was entered ordering that the product be released to the claim- 
ant upon payment of costs and the execution of a bond in the sum of $500, 
conditioned that it should not be sold or otherwise disposed of contrary to the 
provisions of the Federal Food and Drugs Act and all other laws.
B. G. TTJGWELL, Acting Secretary of Agriculture.