29136. Adulteration and misbranding of liquors.    IT. S. v. 88 Sacks of Liquors.
Default decree of condemnation and destruction. (F. & D. No. 37574. 
Sample No. 40721-B.)
On October 5, 1933, March 20, and May 29, 1934, the United States attorney 
for the Western District of Washington filed in the district court a libel and 
amendments thereto, praying condemnation of 88 sacks, containing 874 quarts 
of whisky and gin, at Tacoma, Wash.; alleging that the articles had been 
seized by United States customs agents on or about October 21, 1925, and in 
the possession of A. C. Smith and E. P. Fisher, that they had been smuggled 
into the United States; and charging intended disposal of the products in fraud 
of the internal revenue laws. No claimant appeared and no further action 
was taken under the said libel.
At the request of the United States attorney, the products were examined with 
a view to the institution of condemnation proceedings under the Food and 
Drugs Act. Such examination revealed that they were adulterated or mis- 
branded, or both, many lots being diluted with water, and some containing mold 
growths. In practically all lots, the quantity-of-contents statement was incor- 
rect, not properly made, or illegible. Some lots were falsely represented to be 
genuine Scotch whiskies.
On or about April 24, 1936, the United States attorney, acting upon a report 
of such finding, filed a libel praying condemnation of said products; alleging 
that the articles had been shipped from some port outside of the United States 
into the State of Washington on or about October 21, 1925; and charging 
adulteration and misbranding in violation of the Food and Drugs Act.
Certain lots were alleged to be adulterated in that water had been substituted 
in whole or in part for the articles and, in some instances, they consisted in 
whole or in part of filthy animal or vegetable substances.
Certain lots of the articles were alleged to be misbranding in that their 
labels bore false and misleading statements representing them to be genuine 
products of Scotland. Most of the lots were alleged to be misbranded in that 
they were food in package form and the quantity of contents was not plainly 
and conspicuously marked on the outside of the packages since some of them 
failed to bear such a statement, some of them did not contain the quantity 
in terms of the largest unit, and in one instance the statement was illegible.
On November 16, 1936, no claimant having appeared, judgment of condemna- 
tion was entered and the products were ordered destroyed.
HARRY L. BEOWN, Acting Secretary of Agriculture.