5935. Adulteration   and misbranding of   vinegar.    IT.   S.   *    *    *   v.   O.   J. 
Gutekunst Fx-uit Product Co., a corporation.  ' Plea of guilty.    Fine,
$25.     (F. & D. No. 8133.    I. S. No. 11712-m.)
On April 24, 1917, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against the 
O. J. Gutekunst Fruit Product Co., a corporation, Gowanda, N. Y., alleging' 
shipment by said company, in violation of the Food and Drugs Act, on or about 
August 3, 1916, from the State of New York into the State of Ohio, of a quan- 
tity of an article contained in barrels, labeled in part, " Pure Apple Cider 
Vinegar Reduced to 4%," which was adulterated and misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed the following results :
Alcohol (gram per 100 cc) 
0.15
Glycerol (gram per 100 cc) 
0.02
Solids (grams per 100 cc) 
2.01
Nonsugar solids (grams per 100 cc) 
1.23
Reducing   sugar   as   invert,   after   evaporation,   before' in- 
version (gram per 100 cc) 
0.78
Ash (gram per 100 cc) 
0.25
Total phosphoric acid (P205)  (mg. per 100 cc) 
14. 2
Acidity, as acetic (grams per 100 cc) 
4.40
This sample consists of cider vinegar or vinegar made from dried 
apple products, together with distilled vinegar or dilute acetic acid.
Adulteration of the article was alleged in the information for the reason that 
a certain substance had been substituted in part for pure apple cider vinegar, 
which the article purported to be, and had been mixed and packed therewith 
so as to reduce, lower, and injuriously affect its quality and strength, and the 
said substance so mixed and packed with and so substituted for said article was 
distilled vinegar or dilute acetic acid, either or both, and whether both the said 
substances were used or as to which of said substances was so used the United 
States attorney had no knowledge, and hence made this allegation in the 
alternative.
Misbranding was alleged for the reason that the statement appearing on the 
barrels concerning the article and the ingredients and substances contained 
therein, to wit, " Pure Apple Cider Vinegar," was false and misleading in that 
it represented to purchasers that the article was a pure apple cider vinegar, and 
for the further reason that it was labeled as aforesaid so as to deceive and 
mislead purchasers into the belief that it was a pure apple cider vinegar, 
whereas, in truth and in fact, it was not, but was a mixture of cider vinegar 
with distilled vinegar and dilute acetic acid, either or both.
On November 13, 1917, the defendant company entered a plea of guilty to the 
information, and the court imposed a fine of $25.
C. F. MARVIN, Acting Secretary of Agriculture.