F. & D. Nos. 868, 056, 957, 870, 958, 883, 953, 856.	
Issued April 4.  1912.
I. S. Nos. 7388-a, 14687-a, 17344-a, 12532-a, 17281-a, 25547-a, 25548-a, 24216-a.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1287.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF YINEGAR.
On December 11,1909, the grand jurors of the United States within?
and for the Northern District of Ohio, after presentation by the?
United States Attorney, acting upon a report of the Secretary of?
Agriculture, returned an indictment in eight counts in the United?
States Court for said district against the Harbauer-Marleau Co., a?
corporation, charging violation by said company of the Food and?
Drugs Act of June 30, 1906, on the dates and in the manner herein??
after stated, to wit:
On October 10, 1908, shipment from the State of Ohio into the?
State of Illinois of a quantity of vinegar which was misbranded.?
The product was labeled: " Pure Cider Fermented Apple Vinegar,?
manufactured by the Harbauer-Marleau Company, Toledo, Ohio."?
Analysis of a sample of said product was made by the Bureau of?
Chemistry of the United States Department of Agriculture and?
showed the following results: Solids (grams per 100 cc), 2.11; non-?
sugar solids (grams per 100 cc), 0.91; reducing sugars (grams per?
100 cc), 1.20; polarization, direct, ?1.0? V.; polarization, invert,?
?1.2? V.; ash (grams per 100 cc), 0.29; alkalinity of ash (cc N/10?
HC1), 33; P205 soluble (mg per 100 cc), 11.5; P205 insoluble (mg per?
100 cc), 10.8; total acid (grams per 100 cc), 4.46; fixed acid, 0; color,?
degrees, brewer's scale (0.5 in. cell), 5; lead precipitate satisfactory.?
Misbranding of this product was alleged in the first count of the?
indictment for the reason that the product was so labeled as to cause?
the purchaser to believe that the package or barrel contained apple?
fermented cider vinegar when in fact the product was an imitation?
apple cider vinegar composed wholly or in part of distilled vinegar?
or a dilute solution of acetic acid and a foreign product high in?
reducing sugars; and for the further reason that the statements con-
25794??No. 1287?12
tained on said label regarding the ingredients and substances con??
tained in the product were false and misleading in that they would?
cause a person reading the same to believe that the package or barrel?
contained pure cider fermented apple vinega,r when in fact said prod??
uct was an imitation cider vinegar consisting wholly or in part of a?
distilled vinegar or a dilute solution of acetic acid and a foreign?
product high in reducing sugars, and also because said product was?
an imitation of fermented apple cider vinegar, that is to say, a sub??
stance consisting wholly or in part of a dilute solution of acetic acid?
or distilled vinegar and a foreign product high in reducing sugars.
That the said Harbauer-Marleau Co. did, on October 10, 1908,?
sell and deliver to the Paddock-Overmeyer Co., in Toledo, Ohio, a?
quantity of vinegar under a general guaranty that said vinegar com??
plied in all respects with the requirements of the Food and Drugs?
Act; that the said Paddock-Overmeyer Co., without changing the?
product in any manner and in reliance upon the aforesaid guaranty,?
did, on October 15, 1908, ship the same from the State of Ohio into?
the State of Michigan. The product was labeled: " Pure cider fer??
mented apple vinegar. Made for Paddock-Overmeyer Company,?
Toledo, Ohio." and on the opposite end of the barrel " 49?Manufac??
tured by The Harbauer-Marleau Company, Toledo, Ohio." Analysis?
of a sample of said product made by the Bureau of Chemistry of?
the United States Department of Agriculture showed the following?
results: Solids (grams per 100 cc), 2.10; reducing sugar (grams per?
100 cc), 1.173; reducing sugar, in solids, 55.9 per cent; ash (grams?
per 100 cc), 0.336; ash in solids, 16.0 per cent; alkalinity water solu??
ble ash (cc N/10 HOI per 100 cc), 37.1; soluble P20B (mg per 100?
cc), 14.1; insoluble P205 (mg per 100 cc), 9.5; ratio soluble to total?
P205, 59.7 per cent; total acid, as acetic (grams per 100 cc) 3.96; vola??
tile acid, as acetic (grams per 100 cc), 3.96; fixed acid absent; polariza??
tion, direct ?1.1? V.; polarization, invert ? 1.2? V.; color removed?
by fuller's earth, 50.0 per cent; color with tintometer, 6; lead num??
ber, 138.0; salicylates and benzoates absent. The indictment, after?
alleging in the second count the sale of the vinegar by the Harbauer-?
Marleau Co. to the Paddock-Overmeyer Co. under the guaranty?
aforesaid, and the shipment in interstate commerce by the latter?
company, charged that the said product was misbranded for the?
reason that it was so labeled and branded as to deceive and mislead?
the purchaser to believe that it was a fermented apple cider vinegar?
when in fact it was not such but was an imitation of apple cider?
vinegar composed wholly or in part of distilled vinegar or a dilute?
solution of acetic acid and a foreign product high in reducing sugars.?
The statement on the label was therefore false and misleading.
1287
That the said Harbauer-Marleau Co. did, on or about January 8,?
1909, ship from the State of Ohio into the State of West Virginia a?
quantity of vinegar which was misbranded. The product was?
labeled: "Rustic Club?Pure Cider Vinegar?made for Joseph?
Speidel Grocery Company, of Wheeling, West Virginia and Urichs-?
ville, Ohio." Analysis of a sample of the product made by the?
Bureau of Chemistry of the United States Department of Agriculture?
showed the following results: Total solids (grams per 100 cc), 2.65;?
reducing sugars (grams per 100 cc), 1.56; per cent reducing sugars?
in solids 58.9; non-sugar solids (grams per 100 cc), 1.09; total ash?
(grams per 100 cc), 0.34; per cent ash in non-sugar solids, 31.2; alka??
linity of water soluble ash (cc N/10 HCL per 100 cc), 36.9; P205 in?
water soluble ash (mg per 100 cc), 12.3; P2Oe in water insoluble ash?
(mg per 100 cc), 12.0; polarization, direct, ? 1.8? V.; polarization, in??
vert, ? 2.2? V.; precipitate with lead acetate, O. K.; color, degrees,?
brewer's scale 0.5 in. cell, 6.5; color removed by fuller's earth, 64 per?
cent; total acid, as acetic (grams per 100 cc), 4.09; fixed acid, as?
malic, none. Misbranding was alleged in the third count of the infor??
mation for the reason that the product was so labeled as to deceive?
and mislead purchasers into the belief that it was a pure cider vinegar?
when in fact it was an imitation cider vinegar consisting wholly or?
in part of a dilute solution of acetic acid or distilled vinegar?
and a foreign product high in reducing sugars; and also because the?
label contained a statement that was false and misleading and cal??
culated to deceive and mislead the purchaser, in this, to wit, that it?
represented said product to be a pure cider vinegar when in fact it?
was not such but was an imitation cider vinegar consisting wholly or?
in part of a dilute solution of acetic acid or distilled vinegar and a?
foreign product high in reducing sugars.
That the said Harbauer-Marleau Co., on or about January 11, 1909,?
shipped from the State of Ohio into the State of Pennsylvania a?
quantity of vinegar which was misbranded. The product was?
labeled: "Elks Pride, Fermented Apple Pure Cider Vinegar. The?
Harbauer-Marleau Company, Toledo, Ohio." On the reverse head?
of the barrel: "49?Jan. 11/09. Guaranteed under the Food and?
Drugs Act, June 30, 1906, Serial No. 8904." Analysis of a sample?
of the said product made by the Bureau of Chemistry of the United?
States Department of Agriculture showed the following results:?
Solids (grams per 100 cc), 2.56; reducing sugars (grams per 100 cc),?
1.456; reducing sugars in solids, 56.9 per cent; polarization, direct,?
1.7? V.; polarization, invert, 1.7? V.; ash (grams per 100 cc), 0.350;?
ash in solids, 13.7 per cent; alkalinity of water soluble ash (cc N/10?
acid per 100 cc), 39.4; P205, soluble (mg per 100 cc), 11.1; P2Oa,?
insoluble (mg per 100 cc), 12.4; ratio soluble to total P205J 47.20 per
1287
cent; total acid, as acetic (grains per 100 cc), 4.05; volatile acid, as?
acetic (grams per 100 cc), 4.04; fixed acid, as malic (grams per 100?
cc), 0.01; color removed by fuller's earth, 58 per cent; color with?
tintometer, 7; lead acetate precipitate, O. K.; salicytates and ben-?
zoates, absent. Misbranding was alleged in the fourth count of the?
indictment against this product because it was an imitation cider?
vinegar consisting wholly or in part of a dilute solution of acetic?
acid or distilled vinegar and a foreign substance high in reducing?
sugars, and the statement on the label that it was a pure cider vinegar?
was therefore false and misleading and calculated to deceive and?
mislead the purchaser.
That the said Harbauer-Marleau Co., on or about January 13,?
1909, shipped from the State of Ohio into the State of Illinois a?
quantity of vinegar which was adulterated. The product was?
labeled: " Camel brand, Cider Vinegar, made from Apple Juice Only,?
sole guarantee by Campbell-Holton Co., Bloomington, 111." On the?
opposite end " Guaranteed under the Food and Drugs Act, June?
30/06, No. 8904, 48 gal. Jan. 12/09." Analysis of a sample of said?
product was made by the Bureau of Chemistry of this Department?
with the following results: Solids (grams per 100 cc), 2.55; non-?
sugar solids (grams per 100 cc), 1.06; reducing sugars (grams per?
100 cc), 1.49; polarization, direct, ?1.8? V.; polarization, invert,?
?2.0? V.; ash (grams per 100 cc), 0.38; alkalinity of water soluble?
ash (cc N/10 HC1), 40; P205 soluble (mg per 100 cc), 8.8; P2Os?
insoluble (mg per 100 cc), 14.8; total acid (grams per 100 cc), 4.25;?
fixed acid, 0; color removed by fuller's earth, 44 per cent; total color,?
degrees, brewer's scale (0.5 in. cell), 6.5; lead precipitate, normal.?
Adulteration was alleged in the fifth count of the indictment against?
this product for the reason that a substance, to wit, distilled vinegar?
or a dilute solution of acetic acid and a foreign product high in re??
ducing sugars, had been substituted wholly or in part for the article?
designated as cider vinegar made from apple juice only.
That the said Harbauer-Marleau Co. shipped, on February 20,?
1909, from the State of Ohio into the State of Indiana a quantity of?
vinegar which was misbranded. The product was labeled: " Sugar?
Fermented Vinegar, made by the Harbauer-Marleau Co., Toledo,?
Ohio; " on other end of barrel: " 49-Feb. 17, 1909, guaranteed under?
the Pure Food and Drugs Act, June 30, 1906, Serial No. 8904."?
Analysis of a sample of the product made by the Bureau of Chem??
istry showed the following results: " Solids (grams per 100 cc), 1.95;?
non sugar solids (grams per 100 cc), 0.33; reducing sugar, invert?
(grams per 100 cc), 1.62; per cent sugar in solids, 83.07; polarization,?
direct, temperature 20? C, ?0.5? V.; ash (grams per 100 cc), 0.08;?
alkalinity of soluble ash (cc N/10 acid 100 cc), 3.8; soluble phos-
1287
phoric acid (mg per 100 cc), 0.48; insoluble phosphoric acid (mg?
per 100 cc), 2.96; acid, as acetic (grams per 100 cc), 4.05; volatile?
acid, as acetic (grams per 100 cc), 4.05; fixed acid, as malic (grams?
per 100 cc), 0.003; lead precipitate, light; color, degrees, brewer's?
scale (0.5 in. cell), 8; color removed by fuller's earth, 70 per cent.?
Misbranding was alleged in the sixth count of the indictment against?
this product for the reason that it was an imitation fermented vinegar?
composed wholly or in part of a distilled vinegar or a dilute solution?
of acetic acid and sugar colored in imitation of sugar vinegar; and?
the representation on the label that it was a sugar fermented vinegar?
was therefore false and misleading and calculated to deceive and?
mislead the purchaser.
That the said Harbauer-Marleau Co., on or about February 20,?
1909, shipped from the State of Ohio into the State of Indiana a?
quantity of vinegar which was misbranded. The product was labeled:?
" Quaker Pure Cider Fermented Vinegar, made for The J. W.?
Grubbs Co., Eichmond, Ind."; on the other end of the barrel: "46-?
Feb. 17, 1909, Serial No. 8904, guaranteed under the Pure Food and?
Drugs Act." Analysis of a sample of said product made by the?
Bureau of Chemistry of the United States Department of Agricul??
ture showed the following results: Solids (grams per 100 cc), 2.52;?
non sugar solids (grams per 100 cc), 1.18; reducing sugar, invert?
(grams per 100 cc), 1.34; per cent sugar in solids, 53.18; polariza??
tion, direct, ?1.1? V.; ash (grams per 100 cc), 0.376; alkalinity of?
soluble ash (cc N/10 acid 100 cc), 35 cc; soluble phosphoric acid?
(mg per 100 cc), 12.84; insoluble phosphoric acid (mg per 100 cc),?
13.14; acid, as acetic (grams per 100 cc), 3.97; volatile acid, as?
acetic (grams per 100 cc), 3.97; fixed acid, as malic (grams per 100?
cc), 0.006; lead precipitate, heavy; color, degrees, brewer's scale?
(0.5 in. cell), 7; color removed by fuller's earth, 64 per cent. Mis??
branding was alleged in the seventh count of the indictment against?
this product for the reason that it was an imitation apple cider?
vinegar composed wholly or in part of distilled vinegar or a dilute?
solution of acetic acid and a foreign product high in reducing sugars;?
and the statement on the label that it was a " pure cider fermented?
vinegar " was therefore false and misleading and calculated to deceive?
and mislead the purchaser.
That the said Harbauer-Marleau Co., on or about March 26, 1909,?
shipped from the State of Ohio into the State of Missouri a quantity?
of vinegar which was misbranded. The product was labeled: " Sweet?
Home Brand Fermented Apple Cider Vinegar, made for Goddard?
Grocery Co., St. Louis, Mo." Analysis of a sample of said product?
made by the Bureau of Chemistry of the United States Department?
of Agriculture showed the following results: Solids (grams per 100
1287
cc), 2.47; non sugar solids (grams per 100 cc), 1.25; reducing sugar,?
invert (grams per 100 cc), 1.22; polarization, direct, ?1.0? V.; ash?
(grams per 100 cc), 0.37; alkalinity of soluble ash (cc N/10 acid?
100 cc), 36.2; soluble phosphoric acid (mg per 100 cc), 13.7; insolu??
ble phosphoric acid (mg per 100 cc), 11.1; acid, as acetic (grams?
per 100 cc), 3.82; fixed acid, as malic (grams per 100 cc),?
0.013; lead precipitate medium, flocculent'; color, degrees, brew??
's scale (0.5 in. cell), 9; color removed by fuller's earth, 70 per?
cent. Misbranding was alleged in the eighth count of the indictment?
against this product for the reason that it was an imitation apple?
cider vinegar composed wholly or in part of a distilled vinegar or a?
dilute solution >of acetic acid and a foreign product high in reducing?
sugars, artificially colored in imitation of cider vinegar; and the?
statement on the label that the product was apple cider vinegar was?
therefore false and misleading and calculated to deceive and mislead?
the purchaser.
On September 26, 1910, the defendant entered a plea of nolo con??
tendere to the second and sixth counts of the indictment alleging,?
respectively, the sale under guaranty to the Paddock-Overmeyer Co.?
of a product labeled " pure cider fermented apple vinegar," which was?
misbranded, and the interstate shipment by the defendant of the?
product labeled " sugar fermented vinegar," which was misbranded.?
whereupon the court imposed a fine of $25 on each count, or a total?
of $50; and the United States Attorney entered a nolle prosequi as?
to all the other counts in the indictment.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, January 18,1912.
1287