ooOD. At(luJ;teI'atlo• of oranges. U. s. • • • v. :100 Boxes ef Oran.ges .
.Consent decree of co::a.dem.:natlon anli i'orfei.ture. Geed. po1.•tion
released. Un:fi:t porti,on ordered destroyed. (F. & D. No. 8230. I. S.
No. 22316-m. S. No. W-180.)
. On or about April 7, 1917, the United States attorney for the District of
Colorado, acting upon a report by the Secretary of Agriculture, filed in the
District Court of the United States for said district a libel for the seizure and
condemnation of 196 box-es of oranges labeled, "White Cap Brand Sutherland
]fruit Co. California," consigned by the Sutherland Fruit Co., Riverside, Cal.,
remaining unsold in the original unbroken packages at Denver, Colo., alleging
that the article had been shipped and transpo1tell from the ·state of California
into the State of Colorado, arriving at Denver, Colo., on April 2, 1917, and
charging adulteration in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that said
oranges were decomposed, that is to snJ·. had been frosted, and as a result of
such frosting their tissues showed disintegration. they ·were bitter. had commenced
to rot and decay, ,vere light in weight. and contained little juice.
On May 3. 1917, Anthony E. Heicllemer, Denver, Colo., claimant, having
previously consented to a decree and having given a good and sufficient bond,
in conformity with section 10 of the act, and the good portion of product,
ascertained after careful examination, having been released to said claimant,
judgment of condemnation and forfeiture was entered as to the remainder of
the product, and it was ordered by the court that such unfit portion should be
destroyed by the United States matshal, and that the claimant should pay the
costs of the proceeding.
CARL VROOMAN, A.oting Secretary of A.gr-ic·ulture