9681. Adulteration and misbranding of vinegar. U. S. * * * v. Clem 
Herbis, Edward J. Herbs, and Anthony B. Mayer (The Banner 
Vinegar Co.). Plea of guilty by Clem Herbis. Fine of $280 and 
costs.    Nolle  prosequi  as  to   remaining  defendants.     (F.   &  D.   No.
9501.    I.   S.  Nos.  12179-m.   12184-m,   12185-m,   12187-m,   12188-m,  12711-m, 
12712-m.)
On July 12, 1919, the United States attorney for the Southern District of Ohio, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district an information against Clem Herbis, 
Edward J. Herbs, and Anthony B. Mayer, copartners, trading as the Banner 
Vinegar Co , Cincinnati, Ohio, alleging shipment by said defendants, in violation 
of the Food and Drugs Act, on or about March 10, 19, and 23 and May 15, 1917, 
respectively, from the State of Ohio into the State of Indiana, and on or about 
April 25 and 30 and June 7, 1917, respectively, from the State of Ohio into the 
State of Kentucky, of quantities of vinegar which was adulterated and mis- 
branded. The article was labeled in part, respectively, " Melrose Brand Pure 
Cider Vinegar * * *," " Melrose Brand Pure Apple Vinegar * * *," " Peer- 
less Brand Fermented Apple Vinegar * * *," " Yale Brand Pure Cider Vine- 
gar   *    *    *," or "Ho-Macie Brand Pure Apple Vinegar    *    *    *."
Analyses of samples of the article by the Bureau of Chemistry of this de- 
partment showed that it contained distilled vinegar or dilute acetic acid and 
material high in phosphates.
Adulteration of the article was alleged in the information for the reason that 
substances, to wit, either distilled vinegar or dilute acetic acid and ash mate- 
rials, had been mixed and packed therewith so as to lower and reduce and 
injuriously affect its quality and had been substituted in part for pure cider 
vinegar, pure apple vinegar, or fermented apple vinegar, as the case might be, 
which the article purported to be. Adulteration was alleged for the further 
reason that the said article was a product composed in part of either d stilled 
vinegar or dilute acetic acid, prepared in imitation of cider vinegar, apple 
vinegar, or fermented apple vinegar made from apple products, as the case 
might be, and was mixed with ash materials so as to simulate the appearance 
of cider vinegar, apple vinegar, or fermented apple vinegar made from apple 
products, in a manner whereby its inferiority to said cider vinegar, apple vine- 
gar, or fermented apple vinegar was concealed.
Misbranding was alleged for the reason that the statements, to wit, " Pure 
Cider Vinegar," " Pure Apple Vinegar," and " Fermented Apple Vinegar made 
from apple products," borne on the barrels containing the article, regarding 
the article and the ingredients and substances contained therein, were false 
and misleading in that they represented that the said article consisted wholly 
of pure cider vinegar, pure apple vinegar, or fermented apple vinegar made 
from apple products, as the case might be, and for the further reason that the 
article was labeled as aforesaid so as to deceive and mislead the purchaser 
into the belief that it consisted wholly of pure cider vinegar, pure apple vine- 
gar, or fermented apple vinegar made from apple products, whereas, in truth 
and in fact, it did not so consist but did consist in part of either distilled vine- 
gar or dilute acetic acid and added ash materials.
On November 15, 1920, the defendant Clem Herbis entered a plea of guilty 
to the information, and the court imposed a fine of $280 and costs. The charges 
were nolle prossed with respect to the remaining defendants.
C. W. PUGSLEY, Acting Secretary of Agriculture.