6900. Adulteration and misbranding of apple Imtter. U. S. * * * v. 37?
Cases of So-called Apple Butter. Default decree of condemnation,?
forfeiture, and destruction. (F. & D. No. 9412. I. S. No. 6161-r. B. No.?
C-1001.)
On October 26, 1918, the United States attorney for the District of Kansas,?
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?
37 cases, each containing 2 dozen jars of so-called apple butter, remaining un??
sold in the original unbroken packages at Galena, Kan., alleging that the article?
had been shipped on or about December 18, 1917, and transported from the?
State ef Missouri into the State of Kansas, and charging adulteration and mis??
branding in violation of the Food and Drugs Act. The article was labeled in?
part, " Dawson's Brand * * * Pure Apple Butter. Made by Dawson Bros.?
Mfg. Co.    Memphis, Tenn."
Adulteration of the article was alleged in the libel for the reason that it con??
sisted in whole or in part of a decomposed vegetable substance so packed and?
mixed with the product as to injure, lower, and affect its quality, purity, and?
strength.
Misbranding of the article was alleged for the reason that the brand or label?
borne on the jars was misleading and deceptive, and calculated to induce the?
purchaser to believe the article to be pure, whereas, in truth and fact, it was?
not.
On May 23, 1919, no claimant having appeared for the property, judgment of?
condemnation and forfeiture was entered, and it-was ordered by the court that?
the product should be destroyed by the United States marshal.
C. F. MAKVIN, Acting Secretary of Agriculture.