9489. Adulteration   and   Misbranding of   apple   butter.     TI.   S.     *      *     *     v.
1,194 Pails * * * and 343 Pails * * * of Apple Butter. De- 
fault  decrees  of condemnation,  forfeiture,  and  destruction.     (F.  &
D. Nos. 14956, 14957.    I.  S. No.  505-t.     S. No. C-3061.)
On May 27, 1921, the United States attorney for the Western District of 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels for the seizure and 
condemnation of 1,194 pails and 243 pails, more or less, of apple butter, con- 
signed at Chicago, Ill., in part July 15, 1920, and in part July 28, 1920, remain- 
ing unsold in the original packages at Louisville, Ky., alleging that the article 
had been shipped from Chicago, and transported from the State of Illinois into 
the State of Kentucky, and charging adulteration and misbranding in violation 
of the Food and Drugs Act, as amended.
Adulteration of the article was alleged in the libels for the reason that it 
consisted wholly or in part of a filthy and decomposed vegetable substance.
Misbranding was alleged for the reason that the article was food in package 
form, and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the statement made was not correct.
On July 2, 1921, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.