3086.?Misbranding of beer.   U. S. v. 25 Cases of Beer.   Decree of condemnation by default.
Product ordered sold or destroyed.   (F. & D. No. 5189.   S. No. 1793.)
On April 29, 1913, the United States attorney for the Eastern District of Wisconsin,?
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 25 cases, each?
containing 2 dozen bottles of beer, remaining unsold in the original unbroken packages?
and in the possession of the Ernst Tosetti Brewing Co., Milwaukee, Wis., alleging?
that the product had been shipped on April 12,1913, by the said Ernst Tosetti Brewing?
Co., Chicago, 111., and transported in interstate commerce from the State of Illinois?
into the State of Wisconsin, and charging misbranding in violation of the Food and?
Drugs Act.   The product was labeled: (On neck) "Pale Pilsener Style?Tosetti
Supplement.]    SERVICE  AND REGULATORY ANNOUNCEMENTS.	299
Process " (On main label) "Tosetti process?Real German Beer?Brewed and bottled?
at the Brewery shown below by Ernst Tosetti Brewing Co. (Picture of Brewery)?
Chicago, U. S. A.-?this beer should be kept in a cool dark place with bottles in hori??
zontal position. Notice to public; this beer is brewed from the finest Bohemian hops?
and choicest Western Malts. The hops are imported from the famous town of Saaz.?
(Known the world over as the biggest hop center, where the climatic conditions together?
with the soil, produce the very finest vines, therefore, the dealers selling this beer^?
either in bottles or on draught give the greatest value for the money. It costs the?
dealer more than any American beer on account of the material used, its absolute?
purity and great age. Guaranteed by the Ernst Tosetti Brewing Co. under the food?
and drugs act June 30, 1906.    Serial number 3618)."
Misbranding of the product was alleged in the libel for the reason that the bottles?
containing it bore certain representations and statements regarding it and the ingredi??
ents and substances contained therein which were false and misleading, and among?
said false and misleading statements was the following, to wit, "This beer is brewed?
from the finest Bohemian hops and choicest Western Malts. The hops are imported?
from the famous town of Saaz," appearing on the label was calculated to convey the?
impression and deceive the public into believing, and caused and led buyers and con??
sumers thereof to believe that the product was manufactured and made only from the?
finest Bohemian hops and choicest western malts, whereas, in truth and in fact, the?
beer was not made and manufactured from Bohemian hops imported from the famous?
town of Saaz or from any town in Bohemia, and in the manufacture of said product?
a cereal or cereal product and not a malted product had been used and substituted for?
malted barley. Misbranding was alleged for the reason that the statement "Real?
German Beer" appearing on the label was calculated by the use of said expression?
to convey the impression and deceive the public into the belief and caused and led?
buyers and consumers thereof to believe that the product was a malted beer, made and?
manufactured from malt, whereas, in truth and in fact, some cereal product or sugar?
had been substituted for malt and malted barley.
On June 12, 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, or, if not sold, should be destroyed.?
(When this case was reported for action no claim was made by this department?
that "the beer was not made and manufactured from Bohemian hops imported from?
the famous town of Saaz or from any town in Bohemia.")
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, April 14, 1914.