United States v. Ninety-Five Barrels Alleged Apple Cider Vinegar
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United States v. Ninety-Five Barrels Alleged Apple Cider Vinegar, 265 U.S. 438
(1924), was a case in which the Supreme Court of the United States
held that apple cider vinegar
is mislabeled when that vinegar is made from dried apples. The label at issue indicated that the vinegar was made from "selected" apples. Douglas Packing Company, the manufacturer, admitted to dehydrating fresh apples and then re-hydrating the apples with pure water to produce vinegar.
Additional chemicals were used in the manufacturing process for vinegar made from dried apples, but neither party alleged that this affected the vinegar. Other than this and the difference in apples, the manufacturing process was the same. The trial judge, who tried samples of the vinegar at issue and apple cider vinegar made from fresh apples, concluded that there were only slight differences in appearance and taste. Chemical comparison yielded similar results for both liquids.
There was no claim that vinegar from dried apples was of inferior quality. However, the court found first that the dried apple vinegar was not identical to vinegar
as commonly understood—that produced from fresh ingredients. Second, fresh apples contain the apple juice that is normally used in the production of apple cider vinegar, whereas Douglas Packing used water as a substitute ingredient. Finally, the court found that "made from selected apples" misled the reader into thinking that the apples were fresh instead of dried. These three issues—an imitation under the same name, false or misleading ingredient listing, and misleading labelling—were all a part of the Pure Food and Drug Act
section defining "misbranded". For this reason, the Supreme Court found that the apple cider was misbranded under the statute.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1924), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that apple cider vinegar
Apple cider vinegar
Apple cider vinegar, otherwise known as cider vinegar or ACV, is a type of vinegar made from cider or apple must and has a pale to medium amber color...
is mislabeled when that vinegar is made from dried apples. The label at issue indicated that the vinegar was made from "selected" apples. Douglas Packing Company, the manufacturer, admitted to dehydrating fresh apples and then re-hydrating the apples with pure water to produce vinegar.
Additional chemicals were used in the manufacturing process for vinegar made from dried apples, but neither party alleged that this affected the vinegar. Other than this and the difference in apples, the manufacturing process was the same. The trial judge, who tried samples of the vinegar at issue and apple cider vinegar made from fresh apples, concluded that there were only slight differences in appearance and taste. Chemical comparison yielded similar results for both liquids.
There was no claim that vinegar from dried apples was of inferior quality. However, the court found first that the dried apple vinegar was not identical to vinegar
Vinegar
Vinegar is a liquid substance consisting mainly of acetic acid and water, the acetic acid being produced through the fermentation of ethanol by acetic acid bacteria. Commercial vinegar is produced either by fast or slow fermentation processes. Slow methods generally are used with traditional...
as commonly understood—that produced from fresh ingredients. Second, fresh apples contain the apple juice that is normally used in the production of apple cider vinegar, whereas Douglas Packing used water as a substitute ingredient. Finally, the court found that "made from selected apples" misled the reader into thinking that the apples were fresh instead of dried. These three issues—an imitation under the same name, false or misleading ingredient listing, and misleading labelling—were all a part of the Pure Food and Drug Act
Pure Food and Drug Act
The Pure Food and Drug Act of June 30, 1906, is a United States federal law that provided federal inspection of meat products and forbade the manufacture, sale, or transportation of adulterated food products and poisonous patent medicines...
section defining "misbranded". For this reason, the Supreme Court found that the apple cider was misbranded under the statute.