23061. Misbranding of apple Jack; brandy. U. S. v. 172 Bottles of Old Hunt Club Apple Jack Brandy. Decree of condemnation and for- feiture. Product released under bond to be relabeled. (F. & D. no. 33177. Sample no. 4675-A.) This case involved a shipment of apple jack brandy that was short volume. The product was labeled, " 90 proof ", but was found to be 77.5 proof. On August 8, 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 172 bottles of apple jack brandy at Washington, D. C, alleging that the article had been shipped in interstate commerce, on or about June 7, 1934, by the Old Prescription Co., Inc., from Jersey City, N. J., and charging misbranding in violation of the Food and Drugs Act.. The article was labeled in part: " Old Hunt Club Apple Jack Brandy Net Contents One Pint Alcoholic Contents 90 Proof * * * Old Prescription Company, Inc. New York." The article was alleged to be misbranded in that the statements on the bottle label, " Net Contents One Pint Alcoholic Contents 90 proof ", were false and misleading and tended to deceive and mislead the purchaser; 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, since the statement made was incorrect. On August U, 1934, the Old Prescription Co., having appeared as claimant, judgment of condemnation and forfeiture was entered, and it was ordered that the product be released under bond conditioned that it be relabeled in a manner approved by this Department. M. L. WILSON, Acting Secretary of Agriculture.