21060. Misbranding of vinegar.    U. S. v. 20 Barrels of Vinegar.    Default
decree of condemnation and destruction.     (F. & D. no. 29908.    Sam- 
ple no. 30791-A.)
This case involved a shipment of vinegar designated as " 45 Grain ", which 
term is descriptive of vinegar containing 4.5 grams of acetic acid per 100 
cubic centimeters.   The product was of lower acidity than represented.
On March 9, 1933, the United .States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 20 barrels of vinegar at 
Helena, Mont., alleging that the article had been shipped in interstate com- 
merce, on or about February 16, 1933, by the Washington Food Products, from 
Spokane, Wash., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: (Barrel) "Pure Apple Cider * * * 
Empire Brand Vinegar.   Washington Food Products, Spokane, Wash., 45 Grain."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label representing that it was " 45 Grain" vinegar, namely, a 
product containing 4% grams of acetic acid per 100 cubic centimeters, was 
false and misleading and deceived and misled the purchaser, since it contained 
less than 4% grams of acetic acid per 100 cubic centimeters.
On May 25, 1933, no claimant having appeared for the property, judgment of 
condemnation was entered and it was ordered by the court that the product 
be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.