22984. Adulteration   and misbranding of   whisky.    U.   S.   v.   12   Cases   of
"Whisky. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond to be relabeled. (F. & D. no. 32756. Sample 
no. 67580-A.)
This case involved a product sold as whisky for medicinal purposes. Exami- 
nation showed that it failed to conform to the requirements of the United 
States Pharmacopoeia, and that the packages were not labeled to show the 
percentage of alcohol by volume.
On May 24, 1934, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 12 cases of whiskey at Hoboken, 
N. J., alleging that the article had been shipped in interstate commerce, on or 
about January 6, 1934, by the Frankfort Distilleries, from Baltimore, Md., 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: " Old Vandergrift Whiskey—A Blend 
Bottled and Blended by the Sherwood Distilling & Distributing Co. Balti- 
more, Maryland."
It was alleged in the libel that the article was adulterated in that it was 
sold under a name recognized in the United States Pharmacopoeia, and dif-
fered from the standard of strength, quality, and purity as determined by the 
test laid down in the said pharmacopoeia, and its own standard was not stated 
on the label.
Misbranding was alleged for the reason that the statement on the label, 
" For Medicinal Purposes Only ", was false and misleading, and for the further 
reason that the package failed to bear on the label a statement of the quantity 
or proportion of alcohol contained in the article.
The Sherwood Distilling & Distributing Co., Baltimore, Md., filed a claim 
and answer alleging that the product had been shipped in interstate commerce 
by the said Sherwood Distilling & Distributing Co., and admitting that it was 
misbranded. On July 20, 1934, judgment of condemnation" and forfeiture was 
entered, and it was ordered by the court that the product be released to the 
claimant upon payment of costs and the execution of a bond in the sum of 
$240, conditioned that it be relabeled in accordance with the requirements of 
the Food and Drugs Act.
M. L. WILSON, Acting Secretary of Agriculture.