NOTICE OF JUDGMENT NO. 976, FOOD AND DRUGS ACT.
ADULTERATION AND ALLEGED MISBRANDING OF EVAPORATED
APPLES.
On or about September 30, 1910, the Simpson-Mintun Fruit and 
Produce Company, Fayetteville, Ark., shipped from the State of 
Arkansas into the State of Texas 50 boxes each containing approxi- 
mately 50 pounds of a food product labeled: " New crop 1910 Choice 
Ring Evaporated Apples, bleached with sulphur, packed by Simp- 
son-Mintun Produce Company, Fayetteville, Ark. Goldman Gro. 
Co., Paris, Tex." A sample from this shipment was procured and 
examined microscopically by the Bureau of Chemistry, United 
States Department of Agriculture, and a 500-gram portion of said 
sample was found to contain 31 live worms, 3 beetles, 1 dead fly, and 
31.8 per cent of water. As it appeared from the findings of the 
analyst and report thereon that the product was adulterated and mis- 
branded within the meaning of the Food and Drugs Act of June 30, 
1906, and was liable to seizure under section 10 of the act, the Secre- 
tary of Agriculture reported the facts to the United States attorney 
for the Eastern District of Texas.
In due course a libel was filed in the District Court of the United 
States for the said district against the said 50 boxes of evaporated 
apples, charging the above shipment and alleging that the product 
so shipped was adulterated because it consisted of filthy, decomposed, 
and putrid matter, and that it was misbranded because it was labeled 
as above set forth, when in truth and in fact the product was not 
-' choice ring evaporated apples " but consisted of filthy, decomposed, 
and putrid matter, and because water had been mixed and packed 
with the product so as to reduce, lower, and injuriously affect its 
quality and strength. The libel further prayed seizure, condemna- 
tion, and forfeiture of said product.
125°—No. 976—11
The cause coming on for hearing and there being no appearance on 
the part of any claimant to the product and no answer having been 
filed to the allegations of said libel, the court being fully informed 
in the premises issued its decree finding the product adulterated as 
alleged in said libel, condemning and forfeiting the same to the use 
of the United States, and ordering the destruction of the product b}7 
the marshal of said district.
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 %1, 1911.
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