22792. Misbranding of  whisky.     TJ.  S.  v.  76  Cases   and  100 Pint  Bottles  of
Alleged Whisky. Decrees of condemnation and forfeiture. Prod- 
uct released under bond to be relabeled. (F. & D. nos. 32762, 32770. 
Sample no. 62237-A.)
These cases involved two lots of liquor which consisted of a pomace and raisin 
distillate labeled to convey the impression that it was whisky.
On May 25, 1934, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 75 cases of alleged whisky at 
Baltimore, Md. On May 25,1934, the United States attorney for the District of 
Columbia filed in the Supreme Court a libel praying seizure and condemnation 
of 100 pint bottles of the same product at Washington, D. C. It was alleged in 
the libels that the article had been shipped in interstate commerce, on or about 
May 16, 1934, by the Sherwood Distilling & Distributing Co., from Baltimore, 
Into the District of Columbia; that 75 cases had been subsequently reshipped to 
Baltimore, Md., and that it was misbranded in violation of the Food and Drugs
Act. The article was labeled, " 13 Years Old Blue Ridge This product is a 
pomace and raisin distillate distilled in 1921. Color added Transferred to 
Charred Oak Barrels in 1931 giving this distillate certain Whiskey characteris- 
tics Bottled by The Sherwood Distilling & Distributing Co. Baltimore. Md." the 
words, " 13 Years Old Blue Ridge * * * Whiskey", being prominently 
displayed.
It was alleged in the libels that the article was misbranded in that the very 
prominent statements on the label, " 13 Years Old Blue Ridge Whiskey ", were 
false and misleading and tended to deceive and mislead the purchaser, since 
they created the impression that the article was whisky, whereas it was a 
pomace and raisin distillate.
On June 2 and August 17, 1934, the Sherwood Distilling & Distributing Co., 
and Louis Mann., having appeared as claimants for the respective lots, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
court that the product be released to the claimants, upon payment of costs and 
the execution of bonds totaling $2,500, conditioned that it be properly relabeled.
M. L. WILSON, Acting Secretary of Agriculture.