11686. Misbranding' and alleged adulteration of cider vinegar. 17. S. v. 8?
Casks of Ai?ple Cider Vinegar. Default decree of con'lemntition,?
forfeiture, and sale. (F. & D. No. J7217. I. S. No. 10378-v. S. No.?
C-3873.)
On February 1, 1923, the United States attorney for the District of Kansas,?
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 condemna??
tion of 8 casks, each containing 4 dozen quart bottles of cider vinegar, at Topeka,?
Kans.. alleging that the article had been shipped by the Springdale Vinegar Co.,?
from Springdale, Ark., on or about July 31, 1922, and transported from the?
State of Arkansas into the State of Kansas, and charging adulteration and?
misbranding in violation of the Food and Drugs Act. The article was labeled?
in part: (Bottle) "Million Smiles Brand Pure Apple Cider Vinegar One Quart?
Springdale Vinegar Co. Springdale, Ark."
Adulteration of the article was alleged in the libel for the reason that vinegar?
made from boiled cider or similar material had been mixed and packed with?
and substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement appearing on the?
labels of the said bottles, to wit, "Pure Apple Cider Vinegar," was false and?
misleading and calculated to deceive the purchaser, in that, in truth and in fact,?
the contents of the said bottles was not pure cider vinegar but was an imitation?
of pure cider vinegar.
On June 18, 1923, no claimant having appeared for the property, judgment?
of the court was entered finding the product to be misbranded and ordering its?
condemnation, and it was further ordered by the court that the product be sold?
by the United States marshal and that the purchaser give a bond in the sum?
of $100, conditioned in part that it be not disposed of in violation of law.
HOWARD M. GORE, Acting Secretary of Agriculture.