NOTICE OF JUDGMENT NO. 1184.
(Given pursuant to section 4 of the Pood and Drugs Act.)
ADULTERATION AND  MISBRANDING  OF  VINEGAR.
On March 14, 1911, the United States Attorney for the District of 
New Jersey, acting upon a report of the Secretary of Agriculture, 
filed in the District Court of the United States for said district a 
libel praying condemnation and forfeiture of 30 barrels of vinegar 
in the possession of D. P. Forst & Co. (Inc.), Trenton, N. J. The 
product was labeled: "Fermented Syrup Vinegar, from H. Erd- 
mann;s Sons, 1810 Frankford Avenue, Phila. Pa."
Analysis by the Bureau of Chemistry of the United States Depart- 
ment of Agriculture of a sample of said product showed the following 
results:
Grams per 
100 cc.
Solids 
2. 53
Reducing sugar, direct 
1. 43
Reducing sugar, invert 
1. 66
Polarization, direct, temperature 20° C 
0. 0
Ash 
47
Ash, insoluble in water 
04
Alkalinity of soluble ash (cc N/10 acid, 100 cc) 
4. 0
Soluble phosphoric acid (mg per 100 cc) 
0. 0
Insoluble phosphoric acid (mg per 100 cc) 
3. 9
Acid, as acetic 
4. 32
Color removed by fuller's earth (per cent) 
70
Color, degrees, brewer's scale (0.5 in. cell) 
6
Chlorin as sodium chlorid 
34
The libel alleged that the vinegar, after transportation from the 
State of Pennsylvania into the State of New Jersey, remained in the 
original unbroken packages, and was adulterated and mis branded in 
violation of the Food and Drugs Act of June 30, 1906, and was there- 
fore liable to seizure for confiscation. Adulteration was alleged in 
that a substance, to wit, distilled vinegar, artificially colored, had
15968°—No. 1184—11
been mixed and packed with the article so as to reduce, lower, and 
injuriously affect its quality and strength and had been substituted 
wholly or in part for said article, and further because said article had 
been colored in a manner whereby its inferiority was concealed. 
Misbranding was alleged because said article was in imitation of and 
sold under the distinctive name of another article, to wit, fermented 
syrup vinegar, when in fact it was a distilled vinegar, artificially 
colored, and the statement on the label was therefore false and mis- 
leading.
On April 4, 1911, H. Erdmann's Sons appeared as claimants and 
filed their answer denying generally the allegations of the libel. On 
May 23, 1911, the said cause coming on for hearing, the court entered 
the following decree:
"And now May 23rd, 1911, the above cause being moved for trial 
by Walter H. Bacon, Esq., Assistant United States Attorney and 
H. Erdmann's Sons, claimants, by William A. Hayes, their attorney, 
stating to the court that the said claimants would obliterate the 
present branding on said thirty barrels vinegar, to wit, Fermented 
Syrup Vinegar, and rebrand the said as follows: (which form of 
rebranding is satisfactory to the United States) "Fermented Syrup 
and Distilled Vinegar Compound—Natural Color" and would pay 
the cost of said libel proceedings and execute and deliver a good and 
sufficient bond to the effect that said articles, to wit, Thirty barrels 
Vinegar, should not be resold or otherwise disposed of, contrary to 
the provisions of the Act of Congress approved June 30th 1906, or 
the laws of any State, territory, district or insular possession, the 
court doth order and direct that upon such obliteration and rebrand- 
ing of the said thirty barrels vinegar, the payment of the costs and 
the execution and delivery of the bond of said H. Erdmann's Sons 
and Hugh D. Trout in the sum of One Hundred Dollars, that the 
said thirty barrels vinegar be delivered to the H. Erdmann's Sons."
W. M. HAYS,
Acting Secretary of Agriculture. 
WASHINGTON, D. C, October SI, 1911.
1184
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