9820. Adulteration and misbranding of Mumm's champagne and Mumm's 
Sparkling Burgundy. U. S. * * * v. 5 Cases and 5 Drums 
* * * of Mumm's Extra Dry Champagne and 5 Cases * * * 
of Mumm's Sparkling Burgundy. Default decree of condemna- 
tion, forfeiture, and destruction. (F. &, D. No. 13804. I. S. Nos. 
1565-t, 1566-t.     S. No. C-2553.)
On October 22, 1920, the United States attorney for the Western District 
of Kentucky, 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 cases and 5 drums, more or less,
" of Mumm's extra dry 
champagne and 5 cases, more or less, of Mumm's Sparkling Burgundy, remain- 
ing unsold in the original packages at Louisville, Ky., consigned by H. G. 
Mumm and Co., New York, N. Y., July 19, 1920, alleging that the articles had 
been shipped from New York, N. Y., and transported from the State of New- 
York into the State of Kentucky, and charging adulteration and misbranding 
in violation of the Food and Drugs Act, as amended.
Adulteration of the articles was alleged in the libel for the reason that 
imitation products artificially carbonated had been mixed and packed with, 
and substituted wholly or in part for, the said articles. Adulteration was 
alleged with respect to the Sparkling Burgundy for the further reason that it 
was colored in a manner whereby its damage or inferiority was concealed.
Misbranding was alleged in substance for the reason that the statements on 
the labels of the bottles containing the respective articles, " H. G. Mumm & Co., 
Extra Dry Champagne Non Alcoholic " and " Non Alcoholic H. G. Mumm & Co., 
Sparkling Burgundy," were false and misleading and deceived and misled the 
purchaser, for the further reason that the said articles were imitations of, and 
offered for sale under the distinctive names of, other articles, and for the 
further reason that they were food in package form, and were not plainly and 
conspicuously marked on the outside of the package to show the quantity of 
the contents.
On February 18, 1921, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.