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

Background

The United States government brought a condemnation action against 95 barrels of vinegar sold by a food manufacturer that made vinegar from both fresh and evaporated apples. The barrels were labeled “apple cider vinegar made from selected apples.” The manufacturer admitted using evaporated apples and a process that rehydrates them with water before fermentation. The District Court found the vinegar misbranded; the appeals court reversed, and the case reached the Court to decide whether the labeling was misleading under the Food and Drugs Act.

Reasoning

The Court focused on whether the label would mislead a purchaser about what the product actually was. Dehydrating apples removes about 80% of their water and changes the substance that would otherwise be the juice used to make cider and vinegar. Although the vinegar from evaporated apples was similar in taste and appearance, it was not identical to vinegar made from unevaporated apples. The Food and Drugs Act forbids labels that are false or misleading. Because the label implied the vinegar was made from the expressed juice of fresh apples, the Court found the labeling deceptive and held the product misbranded.

Real world impact

The decision means makers who use dried or evaporated apples cannot market their product as ordinary “apple cider vinegar” without clear disclosure. The ruling upholds the government’s power to enforce truthful food labeling and to condemn mislabeled food, even when the product is not dangerous and closely resembles the named article.