9904. Adulteration   and misbranding of   vinegar.    U.   S.     *     *     *     v.   21
Cases     *     *     *     of Alleged Pure Cider Vinegar.    Default decree of
condemnation, forfeiture, and destruction.     (F. & D. No. 14877.     I. S. 
No. 5476-t.     S. No. E-3322.)
On April 18, 1921, the United States attorney for the District of Massachu- 
setts, 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 condemna-
tion of 21 cases, more or less, of alleged pure cider vinegar, consigned on or 
about July 12, 1920, remaining in the original unbroken packages at Worcester, 
Mass., alleging that the article had been shipped by the Naas Cider & Vinegar 
Oo., Cohocton, N. Y., and transported from the State of New York into the 
State of Massachusetts, and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act, as amended.
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, to wit, distilled vinegar, had been mixed and packed therewith so as to 
lower and reduce and injuriously affect its quality and strength, and had been 
substituted wholly or in part for cider vinegar, which the article purported to 
be. Adulteration was alleged for the further reason that distilled vinegar had 
been mixed with the said article in a manner whereby its damage and inferior- 
ity were concealed.
Misbranding was alleged for the reason that certain statements on the labels 
of the bottles containing the article, regarding the article and the ingredients 
contained therein, to wit, " Steuben Brand * * * Cider Vinegar * * * 
Made From Apples * * * Net Contents One Pint," together with a pictorial 
representation of an apple, were false and misleading in that they represented 
to the purchaser that the article was pure cider vinegar, and for the further 
reason that it was labeled as aforesaid so as to deceive and mislead the pur- 
chaser into the belief that the said article was pure cider vinegar, made from 
apples, whereas, in truth and in fact, it was not pure cider vinegar but was a 
product containing distilled vinegar. Misbranding was alleged for the further 
reason that the article was a product composed in part of distilled vinegar, 
prepared in imitation of, and offered for sale under the distinctive name of, 
another article, to wit, cider vinegar, and for the further reason that it was 
food in package form, and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the statement made was 
not correct.
On July 12, 1921, no claimant having appeared for the property, judgment 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.