3687. Adulteration and misbranding of brandy. U. S. v. 2 Barrels, 2 Half-Barrels, and 5?
Kegrs of Brandy. Consent decree of condemnation and forfeiture. Product released?
on bond.    (F. & D. No. 5840.    I. S. No. 656-h.    S. No. W-17.)
On September 28, 1914, the United States attorney for the District of 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 condemnation of?
2 barrels, 2 half-barrels and 5 kegs of brandy, remaining unsold in the orig??
inal unbroken packages, at Salt Lake City, Utah, alleging that the product had?
been shipped on or about June 2, 1914, by Her & Co., Omaha, Neb., and trans??
ported from the State of Nebraska into the State of Utah, and charging adulter??
ation and misbranding in violation of the Food and Drugs Act.
Adulteration of the product was alleged in the libel for the reason that said?
barrels, half-barrels, and. kegs each contained neutral spirits artificially colored?
and not cognac type brandy as represented, and that the said artificially colored?
neutral spirits had been substituted for cognac type brandy in such manner as?
to reduce and lower and injuriously affect the quality and strength of the?
article.
Misbranding was alleged for the reason that one head of the containers was?
branded '" Cognac Type Brandy Compounded with Grain Distillates" and the?
other- head of said containers was labeled " Brandy?A Compound " ; that in the?
arrangement of the brands aforementioned, and each of them, the word?
" Brandy " appeared in two-inch type, while the remainder thereof, and particu??
larly the statement " Compounded with Grain Distillates," was in very much?
smaller type; that the said barrels, half-barrels, and kegs were branded in such?
a manner as to mislead and deceive the purchaser, in that the barrels, half-?
barrels, and kegs did not contain cognac type brandy, but instead contained?
artificially colored neutral spirits, which had been substituted therefor; that the?
impression created by that part of the brand, to wit, " Cognac Type Brandy,"?
was not corrected by the supplementary statement " Compounded with Grain?
Distillates," nor the one on the opposite head of each of said containers,?
" Brandy?A Compound."
On December 22, 1914, the said Her & Co., a branch of the Standard Distilling
& Distributing Co., a corporation, New York, N. Y., having consented to a decree,
judgment of condemnation and forfeiture was entered,
" and it appearing to the
court that all the costs of the proceedings had been paid by the said claimant, it
was ordered by the court that the product should be delivered to the claimant,
upon the execution of bond in the sum of $400, in conformity with section 10 of
.the act.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, March 26, 1915.
N.J.3651-3700.]     SERVICE AND REGULATORY ANNOUNCEMENTS.	225