13020. Misbranding  of  vinesar.     U.   S. v.  26 Barrels  of  Vinegar.     Decree
of  c ondemnation  and  forfeiture.     Product  released   ander  bond. 
(F. & D. No. 15623.    I. S. No. 13491-t.    S. No. C-3319.)
On November 21, 1921, the United States attorney for the Eastern District 
of Kentucky, 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 26 barrels of vinegar, remaining unsold in the original 
packages at Lexington, Ky., consigned by the Douglas Packing Co., from Fair- 
port, N. Y., about September 28, 3921, alleging that the article had been shipped 
from Fairport, N. Y., and transported from the State of New York into the 
State of Kentucky, and charging misbranding in violation of the food and 
drugs act. The article was labeled in part: " Cu-Tu-No Quality Apple Cider 
Vinegar Guaranteed To Comply With All Pure Food Laws * * * Douglas 
Packing Company, Rochester, N. Y."
Misbranding of the article was alleged in substance in the libel for the reason 
that the label bore statements, designs, and devices regarding the said article 
which were false and misleading, in that it was labeled so as to make it appear 
that the vinegar contained in the said barrels was an apple vinegar made from 
apple juice, and for the further reason that the barrels were labeled so as 
to deceive and mislead the purchaser into the belief that the said vinegar 
was apple cider vinegar made from apple juice, when, in truth and in fact, it 
was not apple cider vinegar made from apple juice but was a vinegar made 
in whole or in part from dried apple products.
On January 29, 1925, the Douglas Packing Co., Rochester, N. Y., having ap- 
peared as claimant for the property, judgment of condemnation and forfeiture 
was entered, and it was ordered by the court that the product be released to 
the said claimant upon payment of the costs of the proceedings and the execu- 
tion of a bond in the sum of $500, in conformity with section 10 of the act.
W. M.  JARDINB,  Secretary of Agriculture.