29473. Adulteration and misbranding of blended whisky.    U. S. v. 54 Cases and
1   Case   of Alleged   Seagram's  Five  Crown  Whisky   (and one  similar 
seizure   action).     Default   decrees   of   condemnation   and   destruction.
(F. & D. No. 37514.    Sample Nos. 69106-B to 69114-B, inclusive.)
This product was falsely labeled with respect to the age of the straight 
whisky in the blend, also with respect to the" brand and name and address 
of the manufacturer.
On April 17, 1936, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
libels praying seizure and condemnation of two lots, containing a total of 259 
cases of blended whisky, at Washington, D. C.; alleging that the article had 
been shipped in interstate commerce on or about March 11, 1935, from Balti- 
more, Md., by a person or persons unknown; and charging adulteration and 
misbranding in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that one lot purported to contain 
33% percent, and the other lot purported to contain 20 percent of 4-year-old 
whisky; whereas the straight whisky in fact contained therein was considerably 
less than 4 years old and had been treated by an artificial aging process. 
. Misbranding was alleged in that the statements, (fruit labels) "Seagram's 
Seven- [or "Five"] Crown Blended Whiskey * * * Blended and Bottled By 
Joseph E. Seagram & Sons, Inc., Lawrenceburg,  Ind.";   (back label)   "The
Straight Whiskey in This Product is 4 Years Old Thirty-Three And One Third 
[or "Twenty"] Percent?-Straight Whiskey," were false and misleading and 
tended to deceive and mislead the purchaser when applied to a product which 
was not Seagram's Seven (or Five) Crown Blended Whiskey, which was not 
manufactured by Joseph E. Seagram. & .Sons, Inc., Lawrenceburg, Ind., and 
in which the straight whisky was considerably less than 4 years old and had 
been treated by an artificial aging process. Misbranding was alleged further 
in that the product was an imitation of and was offered for sale under the 
distinctive name of another article, since the straight whisky contained in the 
blend was considerably less than 4 years old and had been treated by an 
artificial aging process, and since it was not Seagram's Whiskey and had not 
been manufactured by Joseph E. Seagram & Sons, Inc, Lawrenceburg, Ind.
On July 7, 1938, a claim for the goods having been filed on behalf of the 
owner, but having been subsequently withdrawn, judgments of condemnation 
were entered and the product was ordered delivered to the Secretary of the 
Treasury for disposition in accordance with law.
M. L. WILSON, Acting Secretary of Agriculture.