5391. Adulteration and misftrandittgr of vinegar.    TT. S.   *   *    *   v.  75 Bar- 
rels*   *    *    *   of Vimegrair.    Consent decree «»f condemnation and for- 
feiture.    Product ordered, released em bond.     (F, & D. No. 7917.    I. S.
No. 10627-m.    S. No. C-603.)
On December 14, 1916, the United States attorney for the Northern District 
of Illinois, 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 75 barrels of vinegar, remaining unsold in the original 
unbroken packages at Joliet, Ill, alleging that the article had been shipped 
on October 6, 1916, by the Benton Fruit Products Co., Benton Harbor, Mich., 
and transported from the State of Michigan into the State of Illinois, and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "Benton Fruit Products Co., Benton Harbor, 
Mich. Fermented Cider Vinegar reduced to 4% acetic strength. * * * This 
Vinegar is Pure Fermented Apple Juice & is Warranted to Fill All Require- 
ments of the Pure Food Laws. We offer $100.00 for every barrel analyzed 
and found to contain any deleterious acids or any other foreign substance not 
produced from the apple."
Adulteration of the article was alleged in the libel for the reason that dis- 
tilled vinegar or dilute acetic acid, boiled cider, and sodium carbonate had 
been mixed and packed therewith so as to reduce, lower, and injuriously affect 
its quality and strength, and had been substituted in part for said article.
Misbranding was alleged for the reason that the statement appearing on 
the barrels, to wit, " * •* * Fermented Cider Vinegar reduced to 4% acetic 
strength. *¦ * " This vinegar is pure fermented apple juice and is war- 
ranted to fill all the requirements of the Pure Food Laws," was false and 
misleading in that it represented to the purchaser that the article consisted 
of pure apple eider vinegar, whereas, in truth and in fact, distilled vinegar or 
dilute acetic acid, boiled cider, and sodium carbonate had been mixed and 
packed with the article so as to reduce, lower, and injuriously affect its quality 
and strength; and for the further reason that said statement deceived and misled 
the purchaser into the belief that the article was a pure apple eider vinegar, 
whereas, in truth and in fact, it was an imitation of pure apple cider vinegar 
and was offered for sale under the distinctive name of another article, to wit, 
pure apple cider vinegar.
On January 10,1917, G. B. Gehlert, doing business as the Benton Fruit Products 
Co., claimant, having admitted the allegations of the libel, judgment of condemna- 
tion and forfeiture was entered, and it was ordered by the court that the article 
should be delivered to said claimant upon the payment of the costs of the 
proceedings and other expenses, and the execution of a bond in the sum of 
$1,000, in conformity with section 10 of the act, conditioned in part that the 
article should be relabeled as imitation cider vinegar.
CARL VROOMAN, Acting Secretary of Agriculture.