25367. Misbranding of  beer.     U.   S.   v.  600  Cases   of  Beer.     Product  adjudged
misbranded and released under bond.     (F. & D. no. 36525.    Sample no. 
28460-B.)
This case involved a shipment of beer containing 4.97 percent of alcohol 
which was labeled to convey the impression that it was high-test beer contain- 
ing 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 600 cases of beer 
at Houston, Tex., alleging that the article had been shipped in interstate 
commerce on or about September 27, 1935, by the Dixie Brewing Co., from New 
Orleans, La., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: (Bottle) "Does Not Contain More Than 
6 Per Centum of Alcohol by Volume * * * Dixie Hi-Test Beer * * * 
Merz Products Co., Inc. New Orleans, La."
The article was alleged to be misbranded in that the statement on the 
bottle label, "Does Not Contain More Than 6 Per Centum of Alcohol by Vol- 
ume * * * Hi-Test Beer", was misleading and tended to mislead the pur- 
chaser.
On October 29, 1935, the Dixie Brewing Co. having appeared as claimant for 
the property and having admitted the allegations of the libels, judgment was 
entered finding the product misbranded and ordering that it be released under 
bond conditioned that it should not be sold or otherwise disposed of contrary 
to the provisions of the Federal Food and Drugs Act.
R. G. TUGWELL, Acting Secretary of Agriculture.