16909. Adulteration   and   Misbranding of   vinegar.     V.   S.   v.   19   Cases   of
Apple Cider Vinegar, et al. Default decrees of condemnation, 
forfeiture, and destruction. (F. & D. No. 22998. I. S. Nos. 01441, 
01442.     S. No. 1077.)
On August 21, 1928, the United States attorney for the Western District of 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying seizure 
and condemnation of 19 cases of apple cider vinegar, and 19 cases of evaporated 
apple vinegar, remaining in the original unbroken packages at Paducah, Ky., 
alleging that the articles had been shipped by the Louis Maull Co., St. Louis, 
Mo., in part on or about September 15, 1927, and in part on or about June 21, 
1928, and charging adulteration and misbranding in violation of the food and 
drugs act as amended. The articles were labeled in part, respectively: (Pint 
bottles) "Top Notch Apple Cider Vinegar One Pint Reduced to 4% Acid 
Strength. Packed by L. Maull Co. * * * St. Louis, Mo.;" (jugs) "Top 
Notch Evaporated Apple Vinegar y5 Gallon. Reduced to 4% Acid Strength. 
Packed by L. Maull Co.,    *    *    *    St. Louis, Mo."
Adulteration was alleged in the libel with respect to the apple cider vinegar 
for the reason that substances, water and distilled water  (distilled vinegar),
had been mixed and packed therewith so as to reduce, lower, or injuriously 
affect its quality or strength and had been substituted wholly or in part for the 
said article. Adulteration was alleged with respect to the evaporated apple 
vinegar for the reason that a substance, corn sugar vinegar, had been substi- 
tuted wholly for the said article.  .
Misbranding was alleged with respect to the apple cider vinegar for the reason 
that it was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package cartons; in. 
that the statement on the bottle label, "Vinegar Apple Cider Reduced to 4% 
Acid Strength," was false and misleading and deceived and misled the pur- 
chaser ; and in that the article was an imitation of and offered for sale under 
the distinctive name of another article. Misbranding was alleged with respect 
to the evaporated apple vinegar for the reason that it was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package cartons, in that they were incorrectly 
marked ; in that the statement on the label, " Evaporated Apple Vinegar Reduced 
to 4% Acid Strength," was false and misleading and deceived and misled the 
purchaser; and in that it was an imitation of and offered for sale under the 
distinctive name of another article.
On August 17, 1929, no claimant having appeared for the property, judgments 
of condemnation were entered, and it was ordered by the court that the products 
be destroyed by the United States marshal.
R. W. DTJNLAP, Acting Secretary of Agriculture.