26202. Adulteration and misbranding of blackberry-type wine.     U. S. v. 5 Cases,
et al., of Alleged Blackberry Type Wine. Default decrees of condemna- 
tion. Product delivered to Treasury Department. (F. & D. no. 37211 
Sample no. 62596-B.)
In these cases grape wine or diluted grape wine containing little or no black- 
berry wine had been substituted for blackberry-type wine.
On February 15 and February 21, 1936, the United States attorney for the 
District of Columbia, acting upon reports by the Secretary of Agriculture, filed 
in the Supreme Court of the District of Columbia, holding a district court, libels 
praying seizure and condemnation of 57 cases of alleged blackberry-type wine 
at Washington, D. C, alleging that the article had been shipped in interstate 
commerce on or about December 6, 1935, by the Monarch Wine Co., Inc., from 
New York, N. Y., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: "Lord Baldwin 
Blackberry Type Wine * * * Bottled Exclusively for Sunshade Beverage 
Co., Washington, D. C, Monarch Wine Co., Inc., New York, N. Y."
The article was alleged to be adulterated in that grape wine or diluted grape 
wine containing little or no blackberry had been substituted for blackberry-type 
wine.
The article was alleged to be misbranded in that the statement on the label, 
"Blackberry Type Wine", was false and misleading and tended to deceive and 
mislead the purchaser when applied to a grape wine or diluted wine containing 
little or no blackberry; and in that it was an imitation of and offered for sale 
under the distinctive name of another article.
On August 11, 1936, no claimant having appeared, judgments of condemna- 
tion were entered and it was ordered that the product be delivered to the 
Treasury Department.
HARRY L. BROWN, Acting Secretary of Agriculture.