G230. MissbramlJJig- of evaporated apples. U. S. * * * v. S00 Cases of?
Evai>ox-ateil Aj>pies. Consent decree of condemnation and forfei??
ture.    Product ordered x*eleased on bond.'   (F. & D. No. 392-c.)
On March 21, 1918, the United States attorney for the Southern District of?
Georgia, acting iipon a report by the chief food inspector of the State of?
Georgia, filed in ihe District Court of the United States for said district a?
libel for the seizure and condemnation of 800 cases, each containing 50 cartons?
of evaporated apples, remaining unsold in the original unbroken packages at?
Macon, Ga., alleging that the article had been shipped on or about November?
21 and 22, 1917, by W. H. Packard, Medina, N. Y., and transported from the?
State of New York into the State of Georgia, and charging misbranding in?
violation of the Food and Drugs Act, as amended. The article was labeled?
in part: " Choice Evaporated Apples Monogram Brand. * * * g OZ- liet?
weight."
Misbranding of the article was alleged in the libel for the reason that it?
was food in package form, and the contents of the packages were not stated?
correctly in terms of weight and measure on the outside thereof; that is to?
say, that each of said cartons was labeled, " 8 oz. net weight," whereas, in truth?
and in fact, the actual weight of the contents of each of said cartons was?
25 per cent less than the reputed weight of the cartons as shown by the label.
On December 9, 1918, Ouzts, Mitchell & Corbin, Macon, Ga., having filed?
a claim for the release of the product, judgment of condemnation and for??
feiture was entered, and it was ordered by the court that the product should?
be released to said claimant upon the payment of the costs of the proceedings?
and the execution of a bond, in conformity with section 10 of the act.
G. I. CHRISTIE, Acting Secretary of Agriculture.
270	
BUREAU  OF  CHEMISTRY,	
tSupplement 55,