25907. Misbranding of beer.     U.  S. v. 150 Cases of Beer.     Consent decree of
condemnation.    Product released under bond to be relabeled.     (F. & D.
no. 36787.    Sample no. 52695-B.)
This case involved an interstate shipment of beer which was found to contain 
less alcohol than the percentage thereof represented on the label.
On December 12, 1935, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 150 cases of beer at 
St. Louis, Mo., alleging that the article had been shipped in interstate commerce 
on or about November 27,1935, by the Miller Brewing Co., from Milwaukee, Wis., 
and that it was misbranded in violation of the Food and Drugs Act. The article 
was labeled in part: "Old Original Miller Beer Brewed & Bottled by Miller 
Brewing Co. Milwaukee, Wis., U. S. A. Guaranteed not less than 9% Proof 
Winter Beer."
The article was alleged to be misbranded in that the statement "Guaranteed 
not less than 9% Proof Winter Beer", borne on the label, was false and mis- 
leading and tended to deceive and mislead the purchaser when applied to a 
product containing 4.77 percent of alcohol by volume.
On January 3, 1936, the Miller Brewing Co., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation was entered and it was ordered that the product be released 
under bond conditioned that it be labeled to comply with the law.
W. R. GBEGG/, Acting Secretary of Agriculture.