26211. Adulteration and misbranding of wine.     U. S. v. 237 Bottles of Alleged
Blackberry  Wine.    Default  decree   of  condemnation and  destruction.
(F. & D. no. 37424.    Sample no. 62902-B.)
This product was a mixture of grape wine, alcohol, and blackberry flavor 
and was represented to be blackberry wine.
On March 24, 1936, the United States attorney for the Eastern District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 237 bottles of alleged 
blackberry wine at Petersburg, Va., alleging that the article had been shipped 
in interstate commerce on or about March 4, 1936, by the Eastern Wine Cor- 
poration from New York, N. Y., and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The article was labeled in part: "Dona 
Clara Finest Vintage Blackberry Wine * * * Prepared and bottled by East- 
ern Wine Corp. Tulare, Cal. New York, N. Y."
The article was alleged to be adulterated in that a mixture of grape wine, 
alcohol, and blackberry flavor had been substituted for blackberry wine, which 
the article purported to be.
The article was alleged to be misbranded in that the statements on the label, 
"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 mixture of grape wine, alcohol, and blackberry 
flavor, and in that it was an imitation of and offered for sale under the distinctive 
name of another article, namely, blackberry wine.
On August 27, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.