3647. Adulteration and misbranding' of so-called grape brandy. U. S. v. 2 Barrels of Grape?
Brandy. Consent decree of condemnation and forfeiture. Product ordered released?
on bond.     (F. & D. No. 5757.    I. S. No. 645-h.    S. No. W-9.)
On June 16, 1914, the United Slates attorney for the District or Utah?
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 condemna??
tion of 2 barrels of imitation grape brandy, remaining unsold in the original?
unbroken packages and in possession of Zion's Cooperative Mercantile Institu??
tion (Inc.), Salt Lake City, Utah, alleging that the product had been shipped?
on or about May 20, 1914, and transported from the State of Missouri into?
the State of Utah, and charging adulteration and misbranding in violation of?
the Food and Drugs Act. The product was labeled on one end of barrels:?
"Z. C. M. 1. Drug Dept, Salt Lake City, Utah, U. P. By. From Evans-Cahn-?
Levitt Distilling Company Wholesale Lienor Dealers, 313 Delaware Street,?
Kansas City, Missouri Wholesale Liquor Dealers Stamp T 961663 Issued by?
G. G. Burton Original proof 90 Present proof 90 Brandy A Compound," and?
on other end: " Red Grape Style Brandy."
Adulteration of the product was alleged in the libel, for the reason that the?
contents of the barrels were in fact an imitation of grape brandy, colored in such?
a manner as to imitate the genuine product, and, further, for the reason that a?
substitute for and an imitation of grape brandy had been so packed and mixed?
with the product as to reduce and lower its quality and strength, and had been?
substituted in part for grape brandy. Misbranding was alleged for the reason?
that each of the two barrels was so falsely labeled and branded as aforesaid?
in such a manner as to deceive and mislead the purchaser thereof, and was?
intended to mislead and deceive the purchaser thereof, for the reason that it?
was represented and intended to be represented by said labels and brands that?
the contents of each of the barrels were grape brandy, whereas, in truth and?
in fact, the said contents of each of said barrels consisted in part of an Imita??
tion of grape brandy, artificially colored, and said false labels and brands?
were such as to mislead and deceive the purchaser into the belief that the bar??
rels contained grape brandy. Misbranding was alleged for the further reason?
that the two barrels, so labeled and branded as aforesaid, were actually repre??
sented to be and were shipped in interstate commerce as grape brandy;?
whereas, in truth and in fact, the same was an imitation of grape brandy.
On December 14, 1914, the said Zion's Cooperative Mercantile Institution,?
having consented to a decree, judgment of condemnation and forfeiture was?
entered, and it was ordered by the court that the product should be delivered?
to said claimant upon payment of the costs of the proceedings and the execu??
tion by the said Zion's Cooperative Mercantile Institution of a bond in the?
penal sum of $200, in conformity with section 10 of the act.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, March 12, 1915.
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BUREAU  OF  CHEMISTRY.      "?[Supplements.