27699. Adulteration and misbranding of pickled herring.    U. S. v. 5 Barrels of
Herring Vinegar Cured.    Default decree of condemnation and destruc- 
tion.    (F. & D. No. 39867.    Sample No. 26569-C.)
This product was represented to be vinegar-cured, whereas its pickling solu- 
tion contained saccharin and acetic acid.
On June 16, 1937, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of five barrels of pickled 
herring at New York City, N. Y., alleging that the article had been shipped in 
interstate commerce on or about May 18, 1937, by the Gorton Pew Co., from 
Boston, Mass., and charging adulteration and misbranding in violation of the 
Food and Drugs Act.   The article was labeled in part: "Vinegar Cured. Herring."
The article was alleged to be adulterated in that saccharin and acetic acid had 
been substituted for sugar and vinegar.
The article was alleged to be misbranded in that the statement "Vinegar 
Cured" was false and misleading and tended to deceive and mislead the pur- 
chaser when applied to an article containing saccharin and acetic acid.
On July 6, 1937, no claimant having appeared, judgment of condemnation was 
entered and it was ordered that the product be destroyed.
M. JJ. WILSON, Acting Secretary of Agriculture.