2973. Adulteration and misbranding of vinegar.   IT. S. v. 40 Barrels of Vinegar.   Decree of?
condemnation by default.   Goods ordered sold.   (F. & D. No. 4801.   S. No. 1580.)
On November 14, 1912, the United States attorney for the Middle District of Ten??
nessee
, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district a libel, and on January 21,1913, an amended?
libel, for the seizure and condemnation of 40 barrels of so-called pure apple cider?
vinegar, remaining unsold in the original unbroken packages, and in possession of?
W. A. Chambers & Co., Clarksville, Tenn., alleging that the product had been?
shipped on or about October 3, 1912, by B,. M, Hughes & Co., Louisville, Ky., and?
transported from the State of Kentucky into the State of Tennessee, and charging?
adulteration and misbranding in violation of the Food and Drugs Act. The product?
was labeled: "R. M. Hughes & Co. Pure Apple Cider Vinegar. Serial No. 26475.?
Louisville, Ky. Water only used in bringing to uniform strength." There were?
also penciled figures on one end of the barrels indicating the net contents thereof.
Adulteration of the product was alleged in the libel for the reason that it consisted?
in whole or in part of a mixture of distilled vinegar or dilute acetic acid which had?
been prepared in imitation of cider vinegar and had been mixed and packed with?
the product so as to reduce and lower and injuriously affect its quality and strength.?
Misbranding was alleged for the reason that the numerals placed or branded on the?
barrels to indicate the true contents or net contents therein in gallons or measure?
were false and misleading, each of the barrels containing a smaller number of gallons?
than the numerals thereon indicated, and the contents of the barrels as to quantity?
or gallons were not correctly stated by the brands on the same nor by the invoice?
in any instance, but the quantity of vinegar therein was less by several gallons than?
indicated by the invoice and by the numerals branded on the barrels, as aforesaid.
192	
BUREAU  OF  CHEMISTRY.	
[March,
On April 9, 1913, no claimant having appeared for the property, judgment of con??
demnation and forfeiture was entered, and it was ordered by the court that the?
product should be sold by the United States marshal after relabeling.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. 0., March SO, 1914.