Ninety-Five Barrels v. United States

DONAHUE, Circuit Judge.

The United States filed a libel in the District Court for the seizure and condemnation of 95 barrels of alleged apple cider vinegar, labeled “Excelsior Brand Apple Cider Vinegar Made from Selected Apples,” charging that this vinegar is both adulterated and misbranded in violation of the Food and Drug Act of June 30, 1906 (Comp. St. §•§ 8717-8728). The Douglas Packing Company, the manufacturer and owner of this vinegar, intervened, and denied that it was either adulterated or misbranded, and asked restitution. A written waiver of trial by jury was filed and the case was…