22736. Adulteration and misbranding of -whisky.    U.  S. v. 22%   Cases  of
Glenshlre Scotch Whisky. Decree of condemnation and for- 
feiture. Portion of product released under bond to be relabeled, 
remainder destroyed. (F. & D. nos. 32327, 32329, 32330, 32338, 32340. 
Sample nos. 62100-A, 62151-A, 67371-A, 68645-A, 68646-A.)
These cases involved various shipments of a product under the name of 
Scotch Whiskey Imperial Blend, which consisted principally of a mixture, 
made in the United States, of dilute alcohol and a small proportion of Scotch 
whisky.   The packages failed to bear a proper declaration of the quantity of
the contents, since the statement was made in ounces and not in terms of the 
largest unit in the package.
On March 16, 1934, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the District of Columbia, holding a district court, a libel praying 
seizure and condemnation of 22% cases of whisky at Washington, D. C. 
On March 17 and 19,1934, libels were filed in the United States District Courts 
for the Eastern District of Missouri, District of Maryland, and District of 
New Jersey against 31 cases of whisky at St, Louis, Mo., 113 bottles at Balti- 
more, Md., and 235 bottles at Jersey City, N. J. It was alleged in the libels 
that the article had been shipped in interstate commerce between the dates of 
February 14, 1934, and March 7, 1934, by the Hercules Products and Distilling 
Corporation from Brooklyn, N. Y., and that it was adulterated and misbranded 
in violation of the Food and Drugs Act as amended. The article was labeled in 
part: " Glenshire Scotch Whisky Imperial Blend Contents 16 oz. * * * 
Hercules Products and Distilling Corp. Brooklyn, N. Y. Scotch Whisky."
The libels charged that the article was adulterated in that a substance, 
namely, a Scotch-type whisky made in the United States, had been substi- 
tuted for Scotch whisky made in Scotland, which the article purported to be.
Misbranding was alleged for the reason that the statement on the bottle 
label, " Scotch Whisky Imperial Blend ", was false and misleading and tended 
to deceive and mislead the purchaser; for the further reason that another 
article was offered for sale under the distinctive name of " Scotch Whiskey "; 
and for the further reason that it was food in package form and the quantity 
of the contents was not plainly and conspicuously marked on the outside 
of the package.
On March 20 and May 23, 1934, claims for the product seized at Washington, 
D. C, and Jersey City having been filed, judgments of condemnation and for- 
feiture were entered, and it was ordered by the court that the product be 
released to the respective claimants, upon payment of costs and the execution 
of good and sufficient bonds, conditioned that it should not be disposed of in 
violation of the Food and Drugs Act. On May 4 and October 2, 1934, no claim 
having been entered for the lots seized in the Eastern District of Missouri and 
the District of Maryland, judgments of condemnation, forfeiture, and destruc- 
tion were entered.
M. L. WILSON", Acting Secretary of Agriculture.