15680.  Misbranding-    and    alleged    adulteration    of   vinegar.     TJ.?S.    v.    10
. Cases,   et    al.,   off   Vinegar.     Becees    of    con<!eTnniti?n?entered.
Product released under bond.     (P. & D. Nos. 22488, 22491.?I. S. Nos..?
19991-x, 19996-x.    S. Nos. 577, 604.)
On February 28, and March 2, 1928, respectively, the United States attorney?
for the Southern District of Illinois, acting upon reports by the Secretary of?
Agriculture, filed in the District Court of the United States for said district?
libels praying seizure and condemnation of 30 cases of vinegar, in part at?
Taylorvire, 111., and in part at Decatur, 111., alleging that the article had been?
shipped from the Southern Mfg. Co., St. Louis, Mo., in part on or about October?
14, 1927, and in part on or about January 10, 1928, and transported from the?
State of Missouri into the State of Illinois, and charging adulteration and?
misbranding in violation of the food and drugs act. A portion of the article?
was labeled, in part: " Diamond Crown Brand Reduced Cider Vinegar." The?
remainder of the said article was labeled in part: "Golden West Brand Corn?
Sugar Vinegar 40 Grain Strength * * * Packed & Guaranteed By Southern?
Manufacturing Co. St. Louis, Mo."
Adulteration was alleged in the libel with respect to the " Diamond Crown "?
brand vinegar for the reason that a vinegar made from evaporated apple prod??
ucts had been mixed and packed with and substituted in part for the article.?
Adulteration was alleged with respect to the " Golden West" brand for the?
reason that distilled vinegar had been mixed and packed with and substituted?
in part for the article.
Misbranding was alleged for the reason that the statements " Cider Vinegar,"?
with respect to the " Diamond Crown " brand, and " Corn Sugar Vinegar 40?
Grain Strength," with respect to the " Golden West" brand, were false and?
misleading and deceived and misled the purchaser. Misbranding was alleged?
for the further reason that the article was offered for sale under the dis??
tinctive name of another article.
On March 18, 1928, the National Vinegar Co., St. Louis, Mo., having appeared?
as claimant for the property and having consented to the entry of decrees,?
judgments of the court were entered finding the product misbranded and Order??
ing 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 bonds totaling $300, conditioned in part that it be relabeled?
under the supervision of this department.
W. M. JABDINK, Secretary of Agriculture.