22069. Misbranding of  apple  cider vinegar.    V.  S. v.  193 Cases, et al., of
Apple Cider Vinegar.     Consent decree of condemnation and for- 
feiture.    Product released under bond to be relabeled.     (F. & D.
no. 31094.    Sample no. 39962-A.)
This case involved a shipment of apple cider vinegar that was found to be 
short volume.
On September 18, 1933, the United States attorney for the Southern District 
of Florida, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 511 cases of apple 
cider vinegar at Tampa, Fla., alleging that the article had been shipped in 
interstate commerce on or about August 14, 1933, by the Shenandoah Valley 
Apple Cider & Vinegar Co., from Baltimore, Md., and charging misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in 
part: "Apple Pie Ridge Full Strength Pure Apple Cider Vinegar Contents One 
Quart [or " 10 Fluid Ounces " or " One Pint"] Shenandoah Valley Apple Cider 
& Vinegar Co. Winchester, Va."
It was alleged in the libel that the article was misbranded in that the state- 
ments on the labels, " Contents One Quart", " Contents 10 Fluid Ounces ", and 
" Contents One Pint", were 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 packages, since the statements 
were incorrect.
On February 6, 1934, the Shenandoah Valley Apple Cider & Vinegar Co., 
claimant, having consented to the entry of a decree, judgment of condemnation 
and forfeiture was entered, and it was ordered by the court that the product 
be released to the claimant upon payment of costs and the execution of a bond 
in the sum of $300, conditioned that it be relabeled under the supervision of 
this Department.
Mi L. WILSON, Acting Secretary of Agriculture.