United States v. Ninety-Five Barrels, More or Less, Alleged Apple Cider Vinegar

265 U.S. 438, 44 S. Ct. 529, 68 L. Ed. 1094 (1924)

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United States v. Ninety-Five Barrels, More or Less, Alleged Apple Cider Vinegar

United States Supreme Court
265 U.S. 438, 44 S. Ct. 529, 68 L. Ed. 1094 (1924)

Facts

The United States government (plaintiff) seized and sought to condemn 95 barrels of vinegar. The seized barrels bore labels stating that the vinegar was “Douglas Packing Company Excelsior Brand Apple Cider Vinegar Made from Selected Apples Reduced to 4 Percentum Rochester, N.Y.” Apple-cider vinegar was a specific type of product made of fermented juice expressed from unevaporated apples. The government alleged that, contrary to the labels, the vinegar in the barrels had been made from dried or evaporated apples to which water had been added. The government thus claimed that the vinegar was misbranded in violation of § 8 of the 1906 Food and Drugs Act (the act) because the vinegar was an imitation of apple-cider vinegar instead of the real, distinctive apple-cider vinegar product. The trial court found that the vinegar had been misbranded, but the appellate court reversed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Butler, J.)

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