11834. Adulteration   and  misbranding   of  evaporated  apples.    TJ.   S.  v.   12
Cases and 11 Cases of Evaporated Apples. Decree ordering prod- 
uct released under bond to be relabeled. (F. & D. No. 17460. I. S. 
Nos. 1844-v, 1845-v.    S. No. E-4360.)
On April 21, 1923, the United States attorney for the District of New 
Hampshire, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 23 cases of evaporated apples at Concord, N. H., alleging 
that the article had been shipped by E. B. Holton, from Webster, N. Y., in 
two consignments, namely, on or about February 10 and 24, 1923, respectively, 
and transported from the State of New York into the State of New Hampshire, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act, as amended. The article was labeled in part: " Net Weight 15 Ounces. 
Holton Brand Fancy Evaporated Apples * * * Packed By E. B. Holton, 
Manufacturer And Packer Of Evaporated Fruits, Webster, N. Y."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, incompletely evaporated apples, had been mixed and packed 
therewith so as to reduce and lower and injuriously affect its quality and 
strength and had been substituted in whole or in part for evaporated apples, 
which the article purported to be.
Misbranding was alleged in substance for the reason that the statements, 
" Net Weight 15 Ounces * * * Fancy Evaporated Apples * * * Manu- 
facturer And Packer Of Evaporated Fruits * * * Manufacturer Of Pure 
Food Products Evaporated By The Sulphur Process," borne on the labels of 
the packages containing the article, were false and misleading and deceived 
and misled purchasers in that they represented that the said packages con- 
tained 15 ounces of the said article and that it consisted of fancy, completely 
evaporated apples, whereas, in truth and fact, the said packages did not con- 
tain 15 ounces of the article but did contain a less amount, and the said 
article was not fancy, completely evaporated apples but was a product con- 
sisting of incompletely evaporated apples. Misbranding was alleged for the 
reason that the article was an imitation of and was offered for sale under the 
distinctive name of another article, and for the further reason that it was 
food in package form, and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package in terms of weight, 
measure, or numerical count, since the quantity stated was not correct.
On May 9, 1923, E. B. Holton, Webster, N. Y., claimant, having admitted the 
allegations of the libel and filed a bond in the sum of $500, in conformity with 
section 10 of the act, judgment of the court was entered ordering that the 
product be released to the said claimant upon payment of the costs of the 
proceedings, upon condition that if it should be again offered for sale it be 
labeled in compliance with law.
HOWARD M. GORE, Acting Secretary of Agriculture.