22713. Adulteration   and misbranding of   whisky.    V.   S.   v.   3   Cases   of
Whisky. Default decree of condemnation, forfeiture, and de- 
struction.     (F. & D. no. 32043.    Sample no. 60659-A.)
This case involved a shipment of alleged whisky that consisted of diluted 
alcohol obtained by the fermentation of molasses.
On March 2, 1934, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 3 cases of whisky 
at Seattle, Wash., alleging that the article had been shipped in interstate com- 
merce, on or about February 3 and February 6, 1934, by the United Liquor 
Co., from San Francisco, Calif., and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: 
"Old Frisco Times * * * Whiskey 80 Proof Rectified 16 ounces United 
Liquor Company * * * Product Bottled by Alpha Distributing Company 
San Francisco, Cal."
It was alleged in the libel that the article was adulterated in that a sub- 
stance, diluted alcohol obtained by the fermentation of molasses, had been sub- 
stituted for whisky.
Misbranding was alleged for the reason that the statement, " Whiskey" 
on the bottle label, was false and misleading; for the further reason that it 
was labeled so as to mislead and deceive the purchaser, and for the further 
reason that it was offered for sale under the distinctive name of another 
article, "Whiskey."
On April 19, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture 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.