26053. Misbranding of  beer.     V.   S.  v.  269  Cases  of  Beer.    Default   decree  of
condemnation.      Product   turned   over   to   the   Treasury   Department.
(F. & D. no. 37542.    Sample no. 64393-B.)
This case involved shipment of beer that contained less alcohol by volume 
than the amount indicated on the label.
On April 3, 1936, the United States attorney for the Northern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 269 cases of beer at 
Atlanta, Ga., alleging that the article had been shipped in interstate commerce 
on or about March 28, 1936, by the Terre Haute Brewing Co., Inc., from 
Terre Haute, Ind., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: (Bottles) "Champagne 
Velvet Beer Terre Haute Brewing Company, Inc. Terre Haute, Indiana"; (neck 
label) "Superstrong.    Not over 12% per cent proof spirits."
The article was alleged to be misbranded in that the statement on the neck 
label, "Super-strong—not over 12%% proof spirits", was misleading and tended 
to deceive and mislead the purchaser when applied to a product that contained 
only 5.47 percent of alcohol by volume, and less than 12% percent proof spirits; 
and in that the label was further misleading and tended further to deceive and 
mislead the purchaser by reason of the fact that the numerals "12" were about 
eight times larger than the other reading matter, upon said label
On April 25, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be delivered to the Treasury 
Department.
W. R. GREGG, Acting Secretary of Agriculture.