On Jun. 2, 1924, in U.S. v. 95 Barrels Alleged Apple Cider Vinegar, the Supreme Court ruled that the Food and Drugs Act condemns every statement, design, or device on a product’s label that may mislead or deceive, even if technically true.

The Department of Agriculture has never sanctioned this labeling, and its attitude with reference thereto is evidenced by the definition of “apple cider vinegar” set forth in Circulars 13, 17, 19 and 136, and Food Inspection Decision 140.   It is stipulated that the juice of unevaporated apples, when subjected to alcoholic and subsequent acetous fermentation, is entitled to the name “apple cider vinegar.”

The definition referred to is: “Vinegar, cider vinegar, apple vinegar, is the product made by the alcoholic and subsequent acetous fermentations of the juice of apples. . . .”

The information alleged that the vinegar was adulterated, in violation of § 7 of the act. It also alleged that the vinegar was made from dried or evaporated apples, and was misbranded in violation of § 8, in that the statements on the label were false and misleading, and in that it was an imitation of, and offered for sale under, the distinctive name of another article, namely, apple cider vinegar.

The misrepresentation was in respect of the vinegar itself, and did not relate to the method of production merely. When considered independently of the product, the method of manufacture is not material. The act requires no disclosure concerning it. And it makes no difference whether vinegar made from dried apples is or is not inferior to apple cider vinegar.

The label was misleading as to the vinegar, its substance, and ingredients. The facts admitted sustain the charge of misbranding.

Judgment reversed.  Certiorari to a judgment of the Circuit Court of Appeals which reversed a judgment of the district court condemning divers barrels of vinegar under the Food and Drugs Act.