21286. Misbranding of cider vinegar. TI. S. v. 35 Cases of Cider "Vinegar. 
Consent decree of condemnation and forfeiture. Product re- 
leased nnder bond to be relabeled. (F. & D. no. 30510. Sample no. 
42049-A.)
This case involved an interstate shipment of bottled cider vinegar, sample 
bottles of which were found to contain less than 1 pint, the declared volume.
On June 1, 1933, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 35 cases of cider vinegar at 
Cheyenne, Wyo., alleging that the article had been shipped in interstate com- 
merce on or about February 16, 1932, by Paxton & Gallagher, from Yakima, 
Wash., and charging misbranding in violation of the Food and Drugs Act as 
amended.
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Kamo Pure Cider Vinegar Contents One Pint Paxton and 
Gallagher Co. Omaha ", were false and misleading and deceived and misled the 
purchaser, since the bottles contained less than 1 pint. Misbranding was al- 
leged for the further reason that the article was in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package, since the statement made was incorrect.
On June 19, 1933, the Paxton Gallagher Co., having appeared as claimant for 
the property and having consented to the entry of a decree, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the claimant under bond, conditioned that it be 
relabeled under the supervision of this Department and that the claimant pay 
the costs of the proceedings.
M. L. WILSON, Acting Secretary of Agriculture.