10060.?Adulteration   and   misbranding   of   vinegar.     TJ.   S.     *     *      *     v.   14
Bawels   of  Vinegar.    Decree   ordering  release   of   product  under?
bond.     (F. & D. No. 9135.    I. S. No. 11922-p.    S. No. C-930.)
On July 9, 1918, the United States attorney for the Eastern District of?
Arkansas, 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 14 barrels of vinegar, at Paragould, Ark., alleging that?
the article had been shipped by the Wallace-McLean Vinegar Co., Memphis,?
Term., on or about March 21, 1918, and transported from the State of Tennes??
see into the State of Arkansas, and charging adulteration and misbranding?
in violation of the Food and Drugs Act. The article was labeled in part,?
" Wallace-McLean Vinegar Co., Memphis, Tenn., Elko Brand Vinegar    *    *    *."
Adulteration of the article was alleged in substance in the libel for the?
reason that distilled vinegar or added acetic acid had been mixed and packed?
therewith so as to reduce and injuriously affect its quality and strength and?
had been substituted in part for the said article. Adulteration was alleged?
for the further reason that the article had been artificially colored in a manner?
whereby its inferiority to genuine vinegar was concealed.
Misbranding was alleged in substance for the reason that the statement?
in the labeling thereof, to wit, " [Vinegar] Reduced By Water To 4?," was?
false and misleading and deceived the purchaser. Misbranding was alleged?
for the further reason that the article was an imitation of, and was offered?
-"^ sale under the distinctive name of, another article, to wit, vinegar.
On November 26, 1918, Chas. F. McLean having filed a claim and answer?
to the libel, praying permission to take the product down under bond, judg??
ment of the court was entered ordering that the product be released to said?
claimant upon payment of the costs of the proceedings and the execution of a?
bond in the sum of $250, in conformity with section 10 of the act.
C. W. PUGSLEY, Acting Secretary of Agriculture.