United States v. Ten Barrels of Vinegar
District Court, E.D. Wisconsin
Libel by the United States of America against Ten Barrels of Vinegar. This is a case arising under the “p'ure food act,” so called. Act June 30, 1906, c. 3915, 34 Stat. 768 (U. S. Comp.
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Libel by the United States of America against Ten Barrels of Vinegar. This is a case arising under the “p'ure food act,” so called. Act June 30, 1906, c. 3915, 34 Stat. 768 (U. S. Comp. St. Supp. 1909, p. 1191). A demurrer has been interposed to the libel, which raises the question whether the vinegar in question was misbranded, under the terms of section 8 of said act, which provides substantially that the term “misbranded,” as used in the act, shall apply to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). The contention of the government is that the label is so framed as to mislead the average customer who reads the same casually. The eye naturally rests upon the words in large print, “SARATOGA BRAND VINEGAR,” then, in smaller type, “pure boiled apple cider,” and in the third .line, in larger print, “DISTILLED VÍNEGAR.” With-1 *401out the aid of marks of punctuation, it is contended that the words "A Blend of Pure Boiled Apple Cider and Distilled Vinegar” may naturally describe two brands of vinegar that are blended, and the words “Pure Boiled Apple Cider” are…
2Cases cited3 opinions
- In re WilsonU.S. Circuit Court for the District of Rhode Island · 1909
- United States v. BoeckmannU.S. Circuit Court for the District of Eastern New York · 1910
- United States v. ScanlonDistrict Court, N.D. Ohio · 1908
3Cited by2 opinions
- Gregory v. HeckeCalifornia Court of Appeal · 1925
- Ninety-Five Barrels v. United StatesCourt of Appeals for the Sixth Circuit · 1923