11763. Adulteration and misbranding of vinegar. TJ. S. v. 20 Barrels, et al., 
of Vinegar. Consent decrees entered with respect to a portion 
of the product ordering its release under bond to be relabeled. 
Default decrees of condemnation, forfeiture, and destruction with 
respect to the remainder. (F. & D. Nos. 16527, 16895, 16911, 16987, 
17003. I. S. Nos. 2052-v, 4828-v, 4829-v, 8857-v, 8902-v, 9210-v. S. Nos. 
C-2928, C-2933, C-2935, C-2939, C-2943.)
On October 28, November 10, 18, 21, and 27, 1922, respectively, the United 
States attorney for the Northern District of Ohio, acting upon reports by the 
Secretary of Agriculture, filed in the District Court of the United States for 
said district libels praying the seizure and condemnation of 255 barrels, 200 
cases, and 77 cartons of vinegar, in various lots at Toledo, Mansfield, Sandusky, 
Warren, and Cleveland, Ohio, respectively, alleging that the article had been 
shipped in part by the Powell Corp., Canandaigua, N. Y., and in part by the 
Canandaigua Products Corp., Canandaigua, N. Y., between the dates of Sep- 
tember 8 and October 11, 1922, and transported from the State of New York 
into the State of Ohio, and charging adulteration and misbranding in violation 
of the Food and Drugs Act. Some of the barrels containing the article were 
labeled in part: " Pure Cider Vinegar Made From Apples Reduced To 4% 
* * * Man'f'd. By The Powell Corp. Canandaigua, N. Y." The rest of the 
said barrels were labeled in part: "Pure Cider Vinegar." The remainder of 
the said article was enclosed in cartons or cases each containing 2 dozen bot- 
tles or 1 dozen bottles, as the case might be. The bottles were labeled in part: 
" C. C. V. Brand M'f'd By Canandaigua Products Corp. Net Contents 16 Fl. 
Oz." (or "Net Contents 20 Fl. Oz." or "Net Contents 32 Fl. Oz.") "* * * 
Reduced With Water To 4% "*Acetic Strength Canandaigua, N. Y. Reduced 
Oider Vinegar Made From Apples Fermented."
Adulteration of the article was alleged in the libels for the reason that dis- 
tilled vinegar or distilled and evaporated apple products vinegar, as the case 
might be, had been mixed and packed with and substituted wholly or in part 
for the said article.
Misbranding was alleged for the reason that the statements appearing on 
the barrels containing the article, "Pure Cider Vinegar Made From Apples"
or " Pure Cider Vinegar," as the case might be, and the statements appear- 
ing on the labels of the bottles containing the article, "Net Contents 16 Fl. 
Oz." (or "Net Contents 20 Fl. Oz." or "Net Contents 32 Fl. Oz.") "* * * 
Cider Vinegar Made From Apples," together with the design of a ripe red apple, 
were false and misleading and deceived and misled the purchaser. Misbrand- 
ing was alleged for the further reason that the article was an imitation of and 
offered for sale under the distinctive name of another article. Misbranding 
was alleged with respect to the bottled vinegar for the further reason that it 
was food in package form, and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the packages.
On January 12, 1923, no claimant having appeared for 90 barrels and 200 
cases of the product, judgments of condemnation and forfeiture were entered, 
and it was ordered by the court that said 90 barrels and 200 cases of tbe 
product be destroyed by the United States marshal. On March 26, 1923, the 
Powell Corp. and the Canandaigua Products Corp. having appeared as claim- 
ants for respective portions of the remainder of the product, and having admit- 
ted the allegations contained in the libels, judgments were entered ordering that 
the product be released to the said claimants upon payment of the costs of the 
proceedings and the execution of bonds in the aggregate sum of $3,000, in con- 
formity with section 10 of the act, conditioned in part that a portion of the- 
article be relabeled, " Cider Vinegar and Distilled Vinegar Reduced to 4% 
Acidity," and that the remainder thereof be relabeled, " Evaporated Apple 
Products Vinegar and Distilled Vinegar reduced to 4% Acidity."
HOWABD M. GOEE, Acting Secretary of Agriculture.