27036. Adulteration and misbranding of whisky.     U. S.  v. 4 Cases of Alleged
Whisky.     Default decree of condemnation and destruction.     (F. & D. no.
87146.    Sample no. 67426-B.)
This case involved imitation whisky that had been substituted for whisky.
On February 3, 1936, the United States attorney for the District of Dela- 
ware, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of four cases of alleged whisky 
at Wilmington, Del., alleging that the article had been shipped in interstate 
commerce on or about December 19, 1935, by the National Wholesale Liquor Co. 
from Baltimore, Md., and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: "Seaboard 
Whiskey Bottled for Seaboard Distillers Products Baltimore, Md."
The article was alleged to be adulterated in that imitation whisky had been 
substituted for the article.
It was alleged to be misbranded in that the name "Whiskey" was false and 
misleading and tended to deceive and mislead the purchaser when applied to 
imitation whisky, and in that it was an imitation of and was offered for sale 
under the distinctive name of another article, namely, whisky.
On October 14, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.