26021. Adulteration and misbranding of wine. U. S. v. 180 Cases of Wine. 
Product released under bond to be relabeled. (P. & D. no. 37359. Sample 
nos. 56103-B to 56Ill-B, incl.)
These products were represented to be cherry, peach, strawberry, apricot, or 
blackberry wines. Examination showed that they were mixtures of grape 
wine, alcohol, and the fruit named on the label; also that certain lots were 
short in volume. The label failed to bear a proper declaration of the alcohol 
content since it was not stated whether the percentage declared referred to 
volume or to weight
On March 13, 1936, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 180 cases of wine at Cin- 
cinnati, Ohio, consigned about December 11, 1935, alleging that the article had 
been shipped in interstate commerce by the Eastern Wine Corporation, from 
New York, N. Y., and charging adulteration and misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: "Con- 
tents 4/5 Quart [or "Contents one pint"] * * * Alcohol 20 per cent Cha- 
teau Martin Finest Vintage Cherry [or "Peach", "Strawberry", "Apricot", or 
"Blackberry"] Wine * * * Prepared and bottled by Eastern Wine Corp. 
Tulare, Cal. New York, N. Y."
The article was alleged to be adulterated in that a mixture of grape wine, 
alcohol, and cherry (or peach, strawberry, apricot, or blackberry) flavor had 
been substituted for cherry, peach, strawberry, apricot or blackberry wine, 
which the article purported to be.
The product was alleged to be misbranded in that the statements on the 
labels, "Cherry [or "Strawberry", "Peach", "Apricot", or "Blackberry"] Wine", 
and "We Guarantee the contents of this package to be made from fresh fruits 
* * *", were false and misleading and tended to deceive and mislead the 
purchaser when applied to a product consisting of grape wine, alcohol, and 
flavoring; in that the statement on the label, "Alcohol 20 Per Cent", was mis- 
leading and tended to deceive and mislead the purchaser since it was ambig- 
uous ; and in that the article was an imitation of and offered for sale under 
the distinctive name of other articles.
All the 4/5-quart bottles and the 1-pint bottles of strawberry wine were 
alleged to be misbranded in that the statements on the labels, "Contents 4/5 
Quart" and "Contents One Pint", were false and misleading and tended to 
deceive and mislead the purchaser when applied to a product that was short 
in volume; and in that it was food in package form and the quantity of con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the quantity stated was not correct.
On May 21, 1936, the Eastern Wine Corporation, having appeared as 
claimant and having consented to the entry of a decree, judgment was entered 
finding the product adulterated and misbranded, and ordering that it be released 
under bond conditioned that it be relabeled.
W. R. GREGG, Acting Secretary of trickle.