11426.?Misbranding and alleged adulteration of vinegar.    U. S. v.-51 Bar?
rels of Vinegar. Consent deeree of condemnation and forfeiture.?
Product released under bond. (P. & J}. No. 16985L I. S. No. 3918-v.?
S. No. C-2937.)
On November 18, 1922, the United States attorney for the Northern District?
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 51 barrels of vinegar, remaining unsold in the original?
unbroken packages at Chicago, 111., alleging that the article had been shipped?
by the Powell Corp., from Canandaigua, N. Y., October 19, 1922, and trans??
ported from the State of New York into the State of Illinois, and charging?
adulteration and misbranding in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that a?
substance made from evaporated or dried apple products had been mixed and?
packed therewith so as to reduce and lower and injuriously affect its quality?
and had been substituted wholly or in part for vinegar.
Misbranding of the article was alleged for the reason that the barrels con??
taining the article bore a label as follows, to wit, " Pure Cider Vinegar Made?
From Apples Reduced To 4? * * * Man'f'd By The Powell Corp Canan??
daigua, N. Y," which said label was false and misleading and deceived and?
misled the purchaser in that the said article did not contain pure cider vinegar,?
but contained distilled vinegar and a substance made from evaporated or dried?
apple products. Misbranding was alleged for the further reason that the?
article was an imitation of and sold under the distinctive name of another?
food product.
On April 16, 1923, the Powell Corp., Canandaigua, N. Y., claimant, having?
admitted the material allegations of the libel and consented to the entry of a?
decree, judgment of the court was entered finding the product to be mis-?
branded and ordering its condemnation, and it was further ordered by the?
court that the product be released to the said claimant upon payment of the?
costs of the proceedings and the execution of a bond in the sum of $1,000, in?
conformity with section 10 of the act, conditioned in part that it be relabeled in?
accordance with its composition, under the supervision of this department.
C. F. MARVIN, Acting Secretary of Agriculture.