372 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE, 



INTERESTING COURT DECISIONS. 



A number of appellate court decisions of outstanding interest 

 were rendered during the year. 



The Circuit Court of Appeals for the Ninth Circuit, in reversing 

 the decision of the lower court against the Government in a case 

 in which a shipment of salmon was libeled on the ground that it 

 contained decomposed fish, defined the word " article " as used in 

 the act and held that in a shipment of a food product in containers 

 it is not necessary for the Government to prove that each individ- 

 ual can is adulterated. 



In a seizure action brought against a product labeled as " Spark- 

 ling Wliite Seal," which consisted of artificially carbonated apple 

 juice flavored with capsicum, the Government alleged misbranding, 

 holding that the name of the article and the general design and ap 

 pearance of the bottled article simulated " White Seal Champagne." 

 A verdict for the Government in the lower court was affirmed by 

 the Circuit Court of Appeals for the Third Circuit, which held that 

 evidence as to resemblance between the bottles and labels of the- 

 article in question and those used for champagne sold under the same 

 name was a question of fact for determination by the jury. 



The Circuit Court of Appeals for the Sixth Circuit reversed the 

 decision of the lower court, which held that the label "Apple Cider 

 Vinegar " constitutes a misbranding when used upon a vinegar made 

 from evaporated apple products. A motion by the Government for 

 a rehearing was denied, whereupon, with the consent of the Attorney 

 General, proceedings were instituted with a view to a review of the 

 case by the Supreme Court. 



A consignment of coal-tar color offered for food purposes was-- 

 seized on the ground that it was adulterated with salt and arsenic 

 and misbranded in being labeled, " Warranted complies with all 

 requirements." The verdict of the lower court upholding both 

 charges was reversed by the Court of Appeals for the Seventh Cir- 

 cuit in so far as adulteration was concerned, but affirmed as to mis- 

 branding. 



The Circuit Court of Appeals for the Sixth Circuit affirmed the 

 judgment for the Government rendered by the district court in a 

 criminal action brought against the manufacturer of a product 

 known as " Eggno," represented to be a substitute for eggs in 

 baking and cooking. 



