22760. Misbranding of  -vinegar.    U.   S.   v.  SO   Cases   of  Vinegar.    Default
decree of condemnation, forfeiture, and destruction.     (F. & D. no.
32608.    Sample no. 68002-A.)
Sample bottles of vinegar taken from a shipment involved in this case were 
found to contain less than 1 pint of the labeled volume. The article was also 
misbranded as to the name of the manufacturer and the place of manufacture.
On April 26, 1934, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 50 cases of vinegar at 
Charleroi, Pa., alleging that the article had been shipped in interstate commerce 
on or about February 28, 1934, by the C. H. Musselman Co., from Inwood, 
W. Va., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: " Fox Brand Pure Apple Cider 
Vinegar * * * Contents One Pint Fox Grocery Co. Charleroi, Pa., Union- 
town, Pa."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Contents One Pint", was false and misleading and tended 
to deceive and mislead the purchaser, and in that the statement, " Fox Grocery 
Co. Charleroi, Pa., Uniontown, Pa.", was false and misleading and tended to 
deceive and mislead the purchaser, since the statement implied that the Fox 
Grocery Co. was the manufacturer of the product, whereas the C. H. Musselman 
Co., of Biglerville, Pa., was the manufacturer. Misbranding was alleged further 
for the 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 quantity stated was incorrect.
On June 21, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and- it was ordered by the court 
that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.