21365. Misbranding of vinegar.     U.  S. v.  934  Cases  of Vinegar.     Product
released to be relabeled.     (F. & D. no. 30682.    Sample no. 36182-A.)
Examination of samples of vinegar from the shipment involved in this case 
showed that the bottles contained less than the declared volume, also that the 
statement of volume was not made in terms of liquid measure.
On June 29, 1933, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 934 cases of vinegar at Salt Lake City, 
Utah, alleging that the article had been shipped in interstate commerce, on or 
about October 4, 1932, by Jones Bros. Co., from Albina, Oreg., and charging 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: (Bottle) "Pure Cider Vinegar Contents 32 Oz. Jones 
Bros. Co., Inc. Portland, Ore."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Contents 32 Oz.", was false and misleading and deceived 
and misled the purchaser. Misbranding was alleged for the further reason that 
the article was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package, since the
bottles contained less than the declared volume, and the statement of the quan- 
tity of the contents was not declared in terms of liquid measure.
On August 9, 1933, U. B. Newman, representing the Jones Bros. Co., having 
appeared as claimant and admitted the allegations of the libel, judgment was 
entered ordering that the product be released to the claimant to be relabeled 
so that it conform in all respects with Government regulations.
M. L. WILSON, Acting Secretary of Agriculture.