(N. J. 87.) 
MISBRANDING OF EVAPORATED APPLES.
(AS TO QUALITY.)
In accordance with the provisions of section 4 of the Food and Drugs 
Act of June 30, 1906, and of regulation 6 of the rules and regulations 
for the enforcement of the act, notice is given of the judgment of the 
court in the case of the United States v. The Bruns Brothers Grocery 
Company, of Cincinnati, Ohio, a prosecution under sections 2 and 9 
of the aforesaid act for the shipment by R. B. Henley & Co., of Cin- 
cinnati, Ohio, from said city and State to Illinois of misbranded dried 
apples which had been sold to said Henley & Co. by said The Bruns 
Brothers Grocery Company under the guaranty provided for by 
section 9 of said act, lately pending in the district court of the United 
States for the southern district of Ohio, wherein, on January 16, 1909, 
the said The Bruns Brothers Grocery Company entered a plea of 
guilty and was sentenced by the court to pay a fine of one dollar, and 
the costs of the prosecution amounting to $14.20.
The dried apples were contained in packages labeled "Empire 
Brand Choice Funsten Evaporated Apples. One Pound. Made 
from best selected apples. Are healthful, delicious, and most desir- 
able for family use. Choice Evaporated Apples. Made from best 
selected apples," and were misbranded within the meaning of section 
8 of the Food and Drugs Act in that these statements were largely 
false, misleading, and deceptive because the dried apples were not 
prepared from choice or best selected apples, but from ordinary dry- 
ing stock, containing a large amount of inferior^ worm-eaten, and 
insufficiently trimmed pieces.
The facts in the case were as follows:
On January 30, 1908, an inspector of the Department of Agricul- 
ture purchased from George R. Liston, Olney, Ill., samples of an 
article of food contained in packages labeled "Empire Brand Choice 
Funsten Evaporated Apples. One Pound. Made from best selected 
apples. Are healthful, delicious, and most desirable for family use. 
Choice Evaporated Apples. Made from best selected apples." 
These samples were part of a lot of dried apples shipped by R. B. 
Henley & Co. from Cincinnati, Ohio, to said Liston. The goods so 
shipped had been purchased by said Henley & Co. from The Bruns 
Brothers Grocery Company in Cincinnati, Ohio, and the invoice 
covering the said sale by the said The Bruns Brothers Grocery Com- 
pany contained the following guaranty: "Articles on this invoice 
guaranteed under the Pure Food and Drugs Act, June 30, 1906." 
The samples were duly submitted to examination in the Bureau of 
Chemistry of the United States Department of Agriculture and it 
was found that they  were prepared from ordinary drying stock,
contained a large quantity of worm-eaten pieces, and were not suffi- 
ciently trimmed. It was thus apparent that they were misbranded 
within the meaning of section 8 of the Food and Drugs Act, and in 
compliance with section 4 of the act, the Secretary of Agriculture 
accorded hearings to said Liston and the said Henley & Co. At the 
hearing, Henley & Co. established the aforesaid guaranty from The 
Bruns Brothers Grocery Company. No evidence was adduced to 
show any fault or error in the examination by the Department, and, 
on November 20, 1908, the Secretary of Agriculture reported the 
facts to the Attorney-General, who referred them to the United 
States attorney for the southern district of Ohio. Information was 
duly filed by the said United States attorney, with the result here- 
inbefore stated.
H. W. WILEY, 
F. L. DUNLAP, 
GEO. P. MCCABE, 
Board of Food and Drug Inspection. 
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, June 29, 1909.