F. & D. No. 1228.
S. No. 436.	
Issued September 2, 1910.
United States Department of Agriculture,
OFFICE   OF   THE   SECRETARY.
NOTICE OF JUDGMENT NO. 519, FOOD AND DRUGS ACT.
ADULTERATION AND  MISBRANDING  OF EVAPORATED APPLES.
On or about October 9, 1909, the Wallerstein Produce Company,?
Richmond, Va., shipped from the State of Virginia to the State of?
Ohio fourteen cases of evaporated apples, each case containing forty-?
eight separate cartons of the product, each of' said cartons being?
labeled "DimeBrand Choice Evaporated Apples ?Good Value?Dime?
Brand Apples. Original Fruit Flavor?Dime Brand. Packed by?
Wallerstein Produce Co., Richmond, Va."
Examination 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 said 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 fourteen cases of?
evaporated apples in the District Court of the United States for said?
district, charging the shipment as aforesaid and alleging that the?
product was adulterated in that said article consisted in part of a?
filthy, decomposed vegetable substance, to wit, moldy and rotten?
portions of apples, worms, seeds, and general apple waste product,?
and alleging the product to be misbranded, in that the statements on?
the label above quoted regarding the ingredients and substances com??
posing the product were false and misleading, said cases and cartons?
purporting to contain "choice evaporated apples," whereas in truth?
and in fact said article of food was not "choice," but was of inferior?
quality, contaminated and decomposed.
On April 22, 1910, the case came on for hearing and no appearance?
having been entered by any person claiming an interest in the goods
55538??No. 519?10
above described, the court being fully informed in the premises?
entered a pro confesso decree, sustaining the allegations of the libel?
above set forth and condemning the product.
On May 25, 1910, the court issued its final decree ordering the mar??
shal of the district to destroy the fourteen cases of evaporated apples?
in question, which was forthwith done.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30, 1906.
W. M. HAYS,
Acting Secretary of Agriculture.
WASHINGTON, D. C, July 29, 1910.
519