26040. Adulteration and misbranding of blackberry wine.     U. S. v. One Barrel of
Alleged Blackberry Wine. Default decree of condemnation and de- 
struction.     (F. & D. no. 37460.    Sample no. 62856-B.)
This case involved a shipment of artificially colored grape wine that had been 
substituted for blackberry wine.
On or about March 26, 1936, the United States attorney for the District of 
Maryland, acting upon a report by the Secretary of Agriculture, filed*in the 
district court a libel praying seizure and condemnation of one barrel of alleged 
blackberry wine at Baltimore, Md., alleging that the article had been shipped in 
Interstate commerce on or about March 10, 1936, by the Eastern Wine Corpora- 
tion, from New York, N. Y., and charging adulteration and misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in 
part: (Stenciled) "D. J. Kennedy, Inc., Blackberry Wine."
The article was alleged to be adulterated in that artificially colored grape 
wine had been substituted for blackberry wine, which the article purported to be.
The article was alleged to be misbranded in that the statement on the label, 
"Blackberry Wine", was false and misleading and tended to deceive and mislead 
the purchaser when applied to a product that consisted of artificially colored 
grape wine; and in that it was offered for sale under the distinctive name of 
another article, namely, blackberry wine.
On May 7, 1936, no claimant having appeared, judgment of condemnation was 
entered and it was ordered that the product be destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.