10386. Adulteration   and   Misbranding of   vinegar.     TJ.   S.     *      *     *      v.   80
Barrels * * * of Vinegar. Consent decree of condemnation 
and forfeiture. Product released under bond. (F. & D. No. 15937. 
I. S. No. 1241-t.    S. No. C-2911.)
On January.23, 1922, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel for the seizure and con- 
demnation of 80 barrels of vinegar, remaining unsold in the original unbroken 
packages at St. Louis, Mo., alleging that the article had been shipped by the 
Powell Corp., Canandaigua, N. Y., on or about October 1, 1921, and transported 
from the State of New York into the State of Missouri, and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: " Pure Cider Vinegar Made From Apples * * * Manfd. By 
The PowTell Corp., Canandaigua, N. Y."
Adulteration of the article was alleged in the libel for the reason that it con- 
tained waste vinegar, which had been mixed and packed with the said article 
so as to reduce and lower and injuriously affect its quality and strength.
Misbranding was alleged in substance for the reason that the statement, " Pure 
?Cider Vinegar made from Apples," appearing on the labels of the barrels con- 
taining the article, was false and misleading and deceived and misled the pur- 
chaser; and for the further reason that the article was an imitation of, and 
was offered for sale under the distinctive name of, another article.
On March 11, 1922, the F. A. Kauffmann Mfg. Co., St. Louis, Mo., claimant, 
having admitted the allegations of the libel and having consented to a decree, 
judgment of the court was entered finding the product to be liable to condemna- 
tion and forfeiture and ordering that it be released to said claimant upon pay- 
ment of the costs of the proceedings and the execution of a bond in the sum of 
$1,000, in conformity with section 10 of the act, conditioned in part that the 
barrels containing the article be rebranded by obliterating the statement, " Pure 
Cider Vinegar Made from Apples," from the labels thereof and substituting 
therefor the statement " Evaporated Apple Vinegar."
C. W. PUGSLEY, Acting Secretary of Agriculture.