F. & D. No. 1801.
S. No. 637.	
Issued July 15, 1911.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 967, FOOD AND DKXJGS ACT.
MISBRANDING AND ALLEGED ADULTERATION OF VINEGAR.
On or about December 6, 1909, the Leroux Cider and Vinegar?
Company, Toledo, Ohio, shipped from the State of Ohio into the?
State of Indiana 51 barrels of a product labeled: " The Leroux Cider?
and Vinegar Company. , Fermented apple cider vinegar. Red Star?
Brand, Toledo, O." " The purity of these goods guaranteed. The?
Leroux Cider and Vinegar Company, Toledo, Ohio, December 1,?
1909." A sample from this shipment was procured and analyzed?
by the Bureau of Chemistry, United States Department of Agri??
culture, and the product was found to consist wholly or in part?
of a mixture of dilute acetic acid and a product high in reducing?
sugars mixed and colored in imitation of cider vinegar. As it?
appeared from the findings of the analyst and report thereon that?
the product was adulterated and misbranded within the meaning?
of the Food and Drugs Act of June 30, 1906, and was liable to?
seizure under section 10 of the act, the Secretary of Agriculture re??
ported the facts to the United States attorney for the District of?
Indiana.
In due course a libel was filed in the District Court of the United?
States for said district against the said 51 barrels of vinegar, charg??
ing the above shipment and alleging that the product so shipped?
was adulterated in that there had been mixed with the product dilute?
acetic acid and a substance high in reducing sugars, so as to reduce?
and lower its quality. The information also alleged that the prod??
uct was misbranded because it was labeled as above set forth, which?
label contained the false and misleading statement that the product?
was a cider vinegar, when in truth and in fact it was an imitation?
thereof, said label being such as to mislead and deceive the pur??
chaser, and praying seizure, condemnation, and forfeiture of the?
product.
101531??No. 967?11
On October 14, 1910, the above mentioned "Leroux Cider and Vine??
gar Company appeared and filed its claim to the ownership of the?
product and its answer admitting the allegations of the libel. On?
the same day the cause came on for hearing on the above libel and?
answer, and the court being fully informed in the premises issued?
its decree finding the product to be misbranded as alleged in the?
above libel, and condemning and forfeiting the same to the use of?
the United States, with a proviso, however, that the product should?
be released to the said claimant upon the payment by it of the costs?
of these proceedings and the execution and delivery of a good and?
sufficient bond conditioned that said product should not be sold or?
otherwise disposed of contrary to law.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. O, June 17,1911.
967