22734. Adulteration and misbranding of alleged bourbon whisky, a blend.
J. S. v. 24 Cases and 25 Cases of Whisky. Consent decree of con- 
demnation and forfeiture. Product released under bond to be 
relabeled.     (F. & D. no. 32323.    Sample nos. 64228-A, 64230-A.)
This case involved a shipment of alleged bourbon whisky, a blend, which 
was artificially colored with caramel and contained little or no bourbon 
whisky.
On or about March 16, 1934, the United States attorney for the Northern 
District of Illinois, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 49 cases of 
whisky at Chicago, Ill., alleging that the article had been shipped in inter- 
state commerce, on or about February 27 and March 2, 1934, by Kolmar, Inc., 
from Cincinnati, Ohio, and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: " Riverdale 90 
Proof Bourbon Whiskey A Blend Blended by Kolmar Inc. Cincinnati, Ohio."
It was alleged in the libel that the article was adulterated in that an 
artificially colored diluted alcohol containing little or no bourbon whisky had 
been substituted for " Bourbon Whiskey, a Blend ", which the article purported 
to be. Adulteration was alleged for the further reason that the article had 
been mixed and colored in a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the statement, " Bourbon Whis- 
key, a Blend ", was false and misleading and tended to deceive and mislead 
the purchaser, and for the further reason that the article was offered for sale 
under the distinctive name of another article.
On June 6, 1934, Kolmar, Inc., claimant, having admitted the allegations of 
the libel and having consented to the entry of a decree, judgment of condemna- 
tion 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 $500, conditioned that it be relabeled under the 
supervision of this Department.
M. L.  WILSON,  Acting Secretary of Agriculture.