12363. Adulteration and misbranding- of vinegar. U. S. v. E. S. Shelby 
Vinegar & Canning Co. (Inc.), a Corpoi'ation. Plea of grnilty. 
Fine, $50.     (F. & D. No. 17802.    I. S. Nos. 3099-v, 343&-V.)
At the January, 1924, term of the United States District Court within 
and for the Western District of North Carolina, the' United States attorney 
for said district, acting upon a report by the Secretary of Agriculture, filed in 
the district court aforesaid an information against the E. S. Shelby Vinegar 
& Canning Co. (Inc.), a corporation, Newton, N. C, alleging shipment by said 
company, in violation of the food and drugs act as 'amended, in two consign- 
ments, namely, on or about July 18 and September 26, 1922, respectively, from 
the State of North Carolina into the State of South Carolina, of quantities 
of vinegar which was adulterated and misbranded. A portion of the article 
was labeled in part: (Barrel) "E. S. Shelby Vinegar and Canning Co. * * * 
Bed Distilled Vinegar 48 Gals. Newton, N. C." The remainder of the said 
article was labeled in part: " Golden Rod Pure * * * Apple Vinegar Con- 
tents One Pint Nine Fluid Ounces " (in inconspicuous type, " Contents not less 
than sixteen ounces") " E. S. Shelby Vinegar & Canning Co. Incorporated New- 
ton, N. C."
Analysis of a sample of the article from each of the consignments by the 
Bureau of Chemistry of this department showed that they contained excessive 
water. Examination by said bureau of the Golden Rod Brand vinegar showed 
that 12 bottles contained an average of 16.3 fluid ounces.
Adulteration of the article was alleged in the information for the reason 
that water had been mixed and packed with the said article so as to lower 
and reduce and injuriously affect its quality and strength, and for the further 
reason that excessive water had been substituted in part for vinegar* which 
the article purported to be.
Misbranding was alleged for the reason that the statement, " Vinegar," 
borne on the barrels containing a portion of the article, and the statements, 
" Pure Apple Vinegar " and " Contents One Pint Nine Fluid Ounces," borne on 
the labels attached to the bottles containing the remainder of the said article,
were false and misleading-in that they represented that the portion of the- 
article contained in barrels was vinegar and that the remainder thereof was 
pure apple vinegar and that the said bottles contained 1 pint and 9 fluid ounces 
of the article, and for the further reason that it was labeled as aforesaid so as 
to deceive and mislead the purchaser into the belief that the portion of the 
article contained in the said barrels was vinegar and that the remainder 
thereof was pure apple vinegar and that the said bottles contained 1 pint and 
9 fluid ounces of the said article, whereas, in truth and in fact, it was not 
vinegar or pure apple vinegar, as the case might be, but was a product con- 
sisting in part of excessive water, and the said bottles did not contain 1 pint 
and 9 fluid ounces of the article but did contain a less amount. Misbranding 
was alleged for the further reason that the article was an imitation of and 
was offered for sale under the distinctive name of another article. Misbrand- 
ing of the bottled vinegar was alleged 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.
At the April, 1924, term of the court a plea of guilty to the information 
was entered on behalf of the defendant company, and the court imposed a 
fine of $50.
HOWARD M. GORE, Acting Secretary of Agriculture.