13378. Adulteration  and  misbranding:  of  vinegar.     TJ.  S.  v.   15 Barrels  of
Vinegar.    Consent deeree of condemnation and forfeiture.    Prod- 
net released under bond.     (F. & D. No. 16899.    I. S. No. 9375-v.    S. No. 
C-2929.) 
On October 28, 1922, the United States attorney for the Eastern District of 
Michigan, 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 15 barrels of vinegar, at Battle Creek, Mich., consigned 
by the Powell Corp., Canandaigua, N. Y., alleging that the article had been 
shipped from Canandaigua, N. Y., September 15, 1922, and transported from, 
the State of New York into the State of Michigan, and charging adulteration 
and misbranding in violation of the food and drugs act. The article was 
labeled in part: (Barrel) "Pure Cider Vinegar made Prom Apples Reduced 
To 4% The Powell Corp.    Canandaigua, New York."
Adulteration of the article was alleged in substance in the libel for the 
reason that (distilled) vinegar had been mixed and packed wholly or in part 
with apple cider vinegar made from apples, which the said article purported 
to be.
Misbranding was alleged for the reason that the statement " Pure Cider 
Vinegar Made From Apples," appearing on the labels, was false and mislead- 
ing, for the further reason that it was labeled " Pure Cider Vinegar Made 
From Apples," so as to deceive and mislead the purchaser, and for the fur- 
ther reason that it was an imitation of and offered for sale under the dis- 
tinctive name of another article.
On August 1, 1923, the Powell Corp., Canandaigua, N. Y., claimant, having 
admitted the allegationsi of the libel and having consented to the entry of a 
decree, 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 execution of a bond in the 
sum of $500, in conformity with section 10 of the act, conditioned that it be 
relabeled " Cider Vinegar and Distilled Vinegar Reduced to Four Per Cent 
Acidity."
C. F. MARVIN, Acting Secretary of Agriculture.