422S. Adulteration and mistoraaj.din.gi: of vinegar. II. S. v. 5 Barrels of?
Vinegar. Consent de&ree of coudemnatioB and forfeiture. Prod-?
net ordered released on bond. (F. & D. No. 6516, I. S. No. 11990-k.?
S. No. C-209.)
On May 7, 1915, the United States attorney for the Eastern District of?
Louisiana, 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 5 barrels of vinegar, remaining unsold in the original un??
broken packages at New Orleans, La., alleging that the product had been shipped,?
on or about March 24, 1915, by the Burgie Vinegar Co., Memphis, Tenn., and?
transported from the State of Tennessee into the State of Louisiana, and charg??
ing adulteration and misbranding in violation of the Food and Drugs Act.?
The product was labeled: " Gold Dolar Brand Pure Apple Cider Vinegar Re??
duced to 5? acetic strength 50 Grain."
It was alleged in the libel that an examination of samples of the vinegar made?
by the Bureau of Chemistry of the Department of Agriculture showed that the?
contents of the barrels, labeled, marked, and branded as aforesaid, was not?
pure apple cider vinegar, but that the same was a product prepared from?
apple waste and distilled vinegar, which had been so mixed as to reduce and?
lower and injuriously affect the quality and strength of said vinegar, and that?
a dilute solution of acetic acid had been substituted wholly or in part for said?
article of vinegar, and that said product was adulterated within the meaning of?
section 7 of the Food and Drugs Act, approved June 30, 1906, and in violation?
of the provisions thereof.
It was further alleged that the article-was an imitation of pure apple cider?
vinegar, and that said 5 barrels of vinegar, labeled, marked, and branded as?
aforesaid, had been shipped from Memphis, Tenn., to New Orleans, in the State?
of Louisiana, for sale under the distinctive name of pure apple eider vinegar,'?
when, in truth and in fact, the same was a dilute solution of acetic acid and?
distilled vinegar, and that said 5 barrels and the contents thereof had been?
labeled, marked, and branded so as to deceive and mislead the purchaser?
thereof, and that said article was misbranded within the meaning of section 8?
of the Food and Drugs Act, approved June 30, 1906, and in violation of the?
provisions of said act.
On June 16, 1915, the said Burgie Vinegar Co., Memphis, Tenn., claimant,?
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 all the costs of the proceedings, and the?
execution of bond in the sum of $250, in conformity with section 10 of the act,?
and upon the branding by said claimant of the product with the words " Imita??
tion Vinegar."
(The report of this department, upon which the proceedings in this case were?
based, stated that the product was prepared from apple waste and distilled?
vinegar or a dilute solution of acetic acid.)
C. F. MARVIN, Acting Secretary of Agriculture.
348	
(BUREAU   OF   CHEMISTRY.	
[Supplement 15,