24336. Misbranding of wines.     IT.  S. v. S Bottles, et al., of "Wine.    Default
decree   of   condemnation.     Product   ordered   disposed   of   in   ac- 
cordance with law.     (F. & D. no. 33280.    Sample no. 4696-B.)
This case involved domestic wines which were labeled to convey the impres- 
sion that they were wines of foreign origin. The labels were further obection- 
able, since the article was labeled as having been produced by a firm other than 
the real manufacturer, and since the quantity of the contents was not plain 
and conspicuous.
On August 18, 1934, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme Court 
of the District of Columbia, holding a district court, a libel praying seizure and 
condemnation of 27 bottles of wine at Washington, D. C, alleging that the 
article had been manufactured by the Vintners & Distillers Corporation, of Egg 
Harbor, N. J., and was being offered for sale in the District of Columbia in 
possession of the District Wine & Liquor Co., of Washington, D. C, and that 
it was misbranded in violation of the Food and Drugs Act as amended. The 
article was labeled in part: " Le Chateau Des Vignes Port [or " Sherry" 
" Sauterne" "Burgundy" "Muscatel"]."
The article was alleged to be misbranded in that the statements on the 
-respective labels, " Le Chateau Des Vignes Port Tarragona Variety", " Le 
•Chateau Des Vignes Sherry Jurez Variete", "Le Chateau Des Vignes Sauterne 
Bordeaux Variete", "Le Chateau Des Vignes Burgundy Bordeaux Variete", 
and "Le Chateau Des Vignes Muscatel Milano Variete", together with the 
design of a workman in distinctive European attire, were false and misleading 
and tended to deceive and mislead the purchaser, since they conveyed the im- 
pression that the product was of French origin, whereas it was California wine, 
and this impression was not corrected by the statement "A California Wine", 
appearing on the back bottle label. Misbranding was alleged for the further 
reason that the statement on the label, " Seaview Winery, Egg Harbor, N. J.", 
was false and misleading and tended to deceive and mislead the purchaser, since 
it was- not the true name of the manufacturer; and for the further reason that 
the article was food in package form and the quantity of the contents was not 
; plainly and conspicuously marked on the outside of the package.
On March 22, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be disposed of in such manner 
as would not violate the provisions of the Federal Food and Drugs Act.
M. L. WILSON, Acting Secretary of Agriculture.