12524. Adulteration and misbranding of vinegar.    U. S. v. James T. Botb-
well   (J.   T.   Botbwell   Grocery   Co.}.     Plea   of   guilty.     Fine,   $25.
(F. & D. No. 12470.    I. S. No. 16309-r.)
On October 25, 1920, the United States attorney for the Southern District 
of Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
James T. Both well, trading as J. T. Both well Grocery Co., Augusta, Ga., alleg- 
ing shipment by said defendant, in violation of the food and drugs act, on or 
about February 7, 1919, from the State of Georgia into the State of South 
Carolina, of a quantity of vinegar which was adulterated and misbranded. The 
article was labeled in part: " Pure Apple Cider Vinegar Capacity 26 Oz. 
Bottled by J. T. Both well Grocery Co. Augusta, Georgia."
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed that it wasi distilled vinegar colored with caramel.
Adulteration of the article was alleged in the information for the reason 
that a substance, to wit, distilled vinegar, had been mixed and packed there- 
with so as to lower, reduce, and injuriously affect its quality and strength and 
had been substituted in part for pure apple cider vinegar, which the said 
article purported to be. Adulteration was alleged for the further reason that 
the article was a product inferior to pure apple cider vinegar and was colored 
with caramel so as to simulate the appearance of pure apple cider vinegar 
and in a manner whereby its inferiority to pure apple cider vinegar was 
concealed.
Misbranding was alleged for the reason that the statement, to wit, " Pure 
Apple Cider Vinegar," borne on the labels attached to the bottles containing 
the said article, regarding the article and the ingredients and substances con- 
tained therein, was false and misleading in that the said statements repre- 
sented that the article was pure apple cider vinegar, and for the further reason 
that it was labeled as aforesaid so as to deceive and mislead the purchaser into 
the belief that it was1 pure apple cider vinegar, whereas, in truth and in fact, 
it was not pure apple cider vinegar, but was a mixture composed in part of 
distilled vinegar, artificially colored. Misbranding was alleged for the further 
reason that the article was an imitation of and was offered for sale and sold 
under the distinctive name of another article, to wit, pure apple cider vinegar.
On November 18, 1920, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $25.
HOWARD M. GORE, Secretary of Agriculture.