F. & D. No. 509.	
Issued December 17,1910.
S. No. 180.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 688, FOOD AND DRUGS ACT.
MISBRANDING OF VINEGAR.
On or about March 15, 1909, there were shipped from the State?
of Michigan to the State of West Virginia 68 barrels of a food product?
labeled: "Oakland Brand Vinegar, Fermented, 4 per cent Oakland?
Vinegar & Pickle Company, Saginaw, Mich.: The Cider Vinegar in?
this Barrel is superior and guaranteed by the manufacturer to conform?
in every particular with the pure food laws of Michigan or any other?
state where pure food laws are in force."
Analysis of samples of this product, made by the Bureau of Chem??
istry, United States Department of Agriculture, showed it to be?
misbranded within the meaning of the Food and Drugs Act of June?
30, 1906. As it appeared from the findings of the analyst and report?
made that the said shipment was liable to seizure under section 10?
of the act, the Secretary of Agriculture reported the facts to the?
United States attorney for the Northern District of West Virginia.
In due course a libel was filed in the District Court of the United?
States for said district, against the said 68 barrels of vinegar, charg??
ing the above shipment, and alleging the product so shipped to be?
misbranded, for the reason that the said barrels did not contain?
cider vinegar fermented, 4 per cent," and was not superior and?
did not conform in every particular with the pure food laws of Michi??
gan or the pure food laws of States where pure food laws are in force,?
as they purport to conform, but on the contrary, contained a mix??
ture or compound prepared from a diluted solution of acetic acid?
and unfermented apple juice, showing some vinegar, the labeling of?
said barrel as above set forth being misleading and false, so as to?
deceive the purchaser and so as to offer the contents of said barrels?
for sale under the distinctive name of another article; and praying?
seizure and condemnation of the product.
66752??No. 688?10
On June 22, 1909, a decree was entered by the court, ordering that?
the above libel be taken pro confesso, and condemning the said?
vinegar and forfeiting it to the United States. Subsequently to the?
entry of this decree, the above mentioned Oakland Vinegar and?
Pickle Company entered its appearance and filed a claim to the above?
product, and the cause coming on for final hearing, on January 21,?
1910, the court issued its decree nunc pro tunc as of June 22, 1909,?
ordering the delivery of said barrels of vinegar to the claimant, upon?
the payment of all costs and the furnishing of a good and sufficient?
bond by said claimant, in the sum of $1,000, conditioned that the?
hereinbefore mentioned barrels of vinegar should not be sold or?
otherwise disposed of contrary to the provisions of said act. The?
costs having been paid and bond furnished, in accordance with the?
terms of this decree, the said barrels of vinegar were delivered to?
claimant.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, November 2, 1910.
688