10826.?Adulteration  and misbranding;  of vinegar.    U.  S.  v. 26 Barrels,  et
al, of Vinegar. Default decrees of condemnation, forfeiture, and?
destruction. (F. & D. Nos. 15627, 15834. I. S. Nos. 8373-t, 8374-1,?
17254-t, 17255-t.    S. Nos. Eh-3648, E-3830.)
On December 30, 1921, and April 5, 1922, the United States attorney for the?
Northern District of West Virginia, acting upon reports by the Secretary of?
Agriculture, filed in the District Court of the United States for said district?
libels for the seizure and condemnation of 26 barrels, 23 barrels, 10 half bar??
rels, and 32 cases of vinegar, remaining unsold in the original unbroken pack??
ages, in part at Fairmont, and in part at Clarksburg, W. Va., alleging that the?
article had been shipped on or about October 17 and 6, 1921, by the DeLuxe?
Products Co., Pittsburgh, Pa., and transported from the State of Pennsylvania?
into the State of West Virginia, and charging adulteration and misbranding in?
violation of the Food and Drugs Act. A portion of the product was labeled?
in part, " DeLuxe Products Co. DeLuxe Pure Cider Vinegar Pittsburgh, Pa.; "?
and a portion was labeled, " DeLuxe Brand Pure Cider Vinegar Made From?
Apple Juice."
Adulteration of the article was alleged in substance in the libels for the?
reason that it was not pure cider vinegar, but was made from evaporated apple?
products and consisted wholly or in part of distilled vinegar which had been?
mixed and packed with the article so as to reduce, lo(wer, and injuriously?
affect its quality and strength and had been wholly or in part substituted for?
the article, and for the further reason that it was mixed and colored in a?
manner whereby damage and inferiority were concealed.
Misbranding was alleged in substance for the reason that the statements?
" Pure Cider Vinegar " and " Pure Cider Vinegar Made From Apple Juice "?
were false and misleading for the reason that the product was not pure cider?
vinegar made from apple juice or pure cider vinegar, for the further reason?
that said article was an imitation
* of and offered for sale under the distincti re?
name of another article, to wit, pure cider vinegar made from apple juice and?
pure cider vinegar, and for the further reason that the article was labeled and?
branded so as to deceive and mislead the purchaser.
On January 25 and June 5, 1922, no claimant having appeared for the prop??
erty, judgments of condemnation and forfeiture were 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.
N. J. 10801-10850.]     SERVICE  AND REGULATORY ANNOUNCEMENTS.      459