26223. Bllsbrandlngr of beer. U. S. v. 229 Cases -of Beer. Consent decree of 
condemnation.    Product released under bond for relabeling:.     (F. & D.
no. 37534.    Sample no. 64302-B.)
This case involved an interstate shipment of beer that contained less alcohol 
than the percentage thereof represented on the label.
On April 2, 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 229 cases of beer 
at Atlanta, Ga., alleging that the article had been shipped in interstate com- 
merce on or about March 30, 1936, by Sterling Brewers, Inc., from Evansville, 
Ind., and that it was misbranded in violation of the Food and Drugs Act 
The article, contained in bottles was labeled In part: (Principal label) "Con- 
tents 12 Fluid Oz. * * * Sterling Beer High Quality Brewed & Bottled 
by Sterling Brewers, Inc. Evansville, Ind."; (neck band) "Not Over 12%% 
Proof Spirits Sterling High Quality."
The article was alleged to be misbranded in that the statement on the label, 
"Not Over 12%% Proof Spirits", was false and misleading and tended to 
deceive and mislead purchasers when applied to a product containing only 4.43 
percent of alcohol by volume and less than 12% percent proof spirits.
On May 9, 1936, Entreken Sales Co., claimant, having admitted the allegations 
of the libel and having consented to a decree, judgment of condemnation 
was entered, and It was ordered that the product be released under bond 
conditioned that it be relabeled.
HARRY L. BROWN, Actmg Secretary of Agriculture.