NOTICE OF JUDGMENT NO. 2645.
((Siren parsnant to section 4 of the Food and Drugs Act.)
U. S. v. 21 Barrels Vinegar.   Decree of condemnation by consent.    Product
released on bond.
MISBRANDING OF VINEGAR.
On April 9, 1913, the United States Attorney for -the Eastern 
District of Kentucky, acting upon a report by the Secretary of Agri- 
culture, filed in the District Court of the United States for said 
district a libel for the seizure and condemnation of 21 barrels of 
vinegar remaining unsold in the original unbroken packages and in 
the possession of Curry, Brown & Snyder, Lexington, Ky., alleging 
that the product had been shipped on January 29, 1913, by the Ohio 
Cider Vinegar Co., Cincinnati, Ohio, and transported from the State 
of Ohio into the State of Kentucky, and charging misbranding in 
violation of the Food and Drugs Act. The product was labeled: 
"' Curry, Brown & Snyder—Old Glory—Color Distilled Vinegar 
4-Gr. Lexington, Ky. Jan. 29, M. F. G. By The Ohio Cider Vine- 
gar Co., Cincinnati, O." There was also stenciled upon each barrel 
a figure indicating the number of gallons of the product contained 
therein, 1 barrel being marked 46, 7 barrels being marked 47, 7 bar- 
rels being marked 48, 4 barrels being marked 49, 1 barrel being 
marked 50, and 1 barrel being marked 52.
Misbranding of the product was alleged in the libel for the reason 
that the product was labeled and branded as set forth above and said 
numerals on the outside of the barrels were and purported to be a 
statement of the net number of gallons of vinegar supposed to be and 
which should have been contained in said barrels, whereas, in truth 
and in fact, they did not contain the number of gallons stenciled 
thereon, but a much smaller quantity, and said 21 barrels of vinegar 
were marked and branded so as to indicate and represent that they 
contained 1,009 gallons of vinegar, whereas, in truth and in fact, 
they did not contain 1,009 gallons of vinegar, but a different and
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much   smaller  quantity,   and   the   marks,   brands,   and   statements 
thereon indicating the same were false and misleading.
On April 9, 1913, the said Curry, Brown, Snyder Co., claimant, 
having consented thereto, judgment of condemnation and forfeiture 
was entered and it was ordered by the court that the product should 
be released to said claimant upon payment of the costs of the pro- 
ceedings and the execution of bond in the sum of $250, in conformity 
with section 10 of the Act.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, September £6, 1913.
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