UNITED STATES SUPREME COURT DECISIONS ON-LINE

U.S. Supreme Court

United States v. 95 Barrels of Vinegar, 265 U.S. 438 (1924)

United States v. Ninety-five Barrels, More or Less,

Alleged Apple Cider Vinegar, Douglas Packing Company, Claimant

No. 559

Argued April 10, 11, 1924

Decided June 2, 1924

265 U.S. 438

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

1. The purpose of the Food and Drugs Act in forbidding misbranding is to prevent the use of misleading statements, as well as those which are false. P. 265 U. S. 442.

2. Vinegar made from dried apples by adding water equivalent to that removed in the drying and fermenting the resulting solution, even though it be similar to vinegar produced directly from fresh apple cider and equally wholesome, is not the same thing, and a label describing it as "apple cider vinegar made from selected apples" is misleading to the public, and a misbranding within the meaning of the Food and Drugs Act. P. 265 U. S. 443.

289 F.1d 1 reversed.