S. No. 471.
P. & D. No. 1309.	
Issued July 15, 1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 457, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF EVAPORATED APPLES.
During the month of October, 1909, The Wallerstein Produce Co.,?
Richmond, Va., shipped from the State of Virginia to the State of?
Ohio 12 cases of evaporated apples, each containing 48 cartons. The?
product was labeled " Dime Brand Choice Evaporated Apples.?
Packed by Wallerstein Produce Co., Richmond, Va."
Examinations of samples of this product made by the Bureau of?
Chemistry, United States Department of Agriculture, showed it to?
be adulterated and misbranded within the meaning of the Food and?
Drugs Act of June 30, 1906. As it appeared from the findings of?
the analyst and report made that the shipment was liable to seizure?
under section 10 of the act, the Secretary of Agriculture reported the?
facts to the United States attorney for the Southern District of Ohio.
In due course a libel was filed against the said 12 cases of evapo??
rated apples, in the District Court of the United States for said dis??
trict, charging the above shipment and alleging the product to be?
adulterated, in that it consisted in part of a filthy, decomposed vege??
table substance, to wit, moldy and rotten portions of apples, worms,?
worm excreta, seeds, cores, and general apple waste product; and to?
be misbranded, in that the label above quoted represented the product?
to consist of " Choice Evaporated Apples," whereas, in truth and in?
fact, the product was not choice but of inferior quality, contami??
nated and decomposed. No claimant having appeared, a decree pro?
confesso was rendered by the court, finding that all of the material?
allegations of the libel were true, condemning the product, and direct??
ing the United States marshal to destroy the same forthwith, which?
was done.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C., June 8,1910.
48965s?No. 457?10