25366. Misbranding of beer.    U. S. v. 1,388 Cases of Beer.    Product released
under bond.     (F. & D. no. 36523.    Sample no. 28458-B.)
This case involved beer containing 4.33 percent of alcohol, which was labeled 
to convey the impression that it contained 6 percent of alcohol.
On October 22, 1935, the United States attorney for the Southern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 1,388 cases of beer at 
Houston, Tex., alleging that the article had been shipped in interstate commerce 
on or about September 9 and 10, 1935, by the American Brewing Co., from New 
Orleans, La., and changing misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Bottle) : "Regal Beer Regal Lager * * * 
American Brewing Co., New OrlKans." The neckband bore the statement, 
"Contents Not More Than 6% Alcohol By Volume", the phrase "6%" being in 
prominent and large type and the remainder of the statement being in small 
inconspicuous type.
The article was alleged to be misbranded in that the statement on the neck- 
band of the bottle, "Contents Not More Than 6% Alcohol By Volume", was 
misleading and tended to mislead the purchaser.
On November 14, 1935, the Regal Beer Co., Houston, Tex., having appeared as 
claimant, judgment was entered finding the product misbranded and ordering 
that it be released under bond conditioned that it should not be sold or other- ( 
wise disposed of contrary to the provisions of the Food and Drugs Act.
R. G. TTTGWELL, Acting Secretary of Agriculture.