F. & D. No. 2846.
S. No. 1028.	
Issued August 3, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1555.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND MISBRANDING OF CIDER YINECfAR.
On August 22, 1911, the United States Attorney for the District?
of Connecticut, acting upon a report by the Secretary of Agriculture,?
filed in the District Court of the United States for said district a?
libel for the seizure and condemnation of 60 barrels of vinegar,?
remaining unsold in the original unbroken packages in the possession?
of Bill Bros., Hartford, Conn., alleging that the product had been?
shipped on or about June 29, 1911, by Place Bros., Oswego, N. Y.,?
from the State of New York into the State of Connecticut, and charg??
ing adulteration and misbranding in violation of the Food and Drugs?
Act. Each barrel was labeled: " Pure Cider Vinegar?Bon Ton?
Brand?sold by The E. N. Fitzgerald Co., Hartford, Conn. Test?
No. 13 Cider Vinegar, Manufactured by Place Bros., Oswego, N. Y."
Adultera'tion was alleged in the libel for the reason that the prod??
uct was composed in whole or in part of a dilute solution of acetic?
acid or distilled vinegar and a product high in reducing sugars and?
added mineral matter mixed and prepared in imitation of and sub??
stituted for pure'cider vinegar. Misbranding was alleged for the?
reason that the product was shipped, transported, and delivered as?
pure cider vinegar, having been sold and invoiced as such and having?
the appearance of pure cider vinegar, and having been contained?
during shipment, transportation, and delivery in barrels or indi??
vidual packages branded: " Pure Cider Vinegar?Bon Ton Brand??
sold by the
K. N. Fitzgerald Co., Hartford, Conn. Test No. 13 Cider?
Vinegar, Manufactured by Place Bros., Oswego, N. Y.," whereas the?
product was actually and as a matter of fact not pure cider vinegar?
but a certain other product, to wit, a mixture of a dilute solution of
60675??No. 1555?12
acetic acid or distilled vinegar and a product high in reducing sugars?
and added matter mixed and prepared in imitation of cider vinegar.?
On January 16, 1912, the case having been brought to trial before?
a jury a verdict in favor of the United States was rendered. On?
March 27, 1912, a decree of condemnation and forfeiture was entered?
against the 57 barrels of the product which had been seized and it?
was further ordered that upon payment of the costs and the presenta??
tion of a bond in an amount satisfactory to the United States Attor??
ney for said district on or before April 2, 1912, by B. A. Place and?
F. L. Place, of Oswego, 1ST. Y., claimants, in conformity with section?
10 of the Act, the product should be released to said claimants, other??
wise the goods to be sold by the United States marshal after oblitera??
tion of the brands thereon.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, June 3, 1912.
1555