13069.  Adultex'ation   and   misbranding   of   apples.     IT.   S.   v.   86   Barrels   of 
Apples.     Default   decree   of   condemnation,   forfeiture,   and   sale.
(F. & D. No. 18195.    I. S. No. 10545.    S. No. E-4645.)
On January 4, 1924, the United States attorney for the District of Maine, act- 
ing 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 condemna- 
tion of 86 barrels of apples, at Portland, Me., alleging that the article had been 
shipped by Almeder, Eames & Co., from Boston, Mass., on or about October 1, 
1923, and transported from the State of Massachusetts into the State of Maine, 
and charging adulteration and misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: " Massachusetts Standard Fancy 
Grade Min Size 2f Inches * * * Packed By Almeder, Eames & Co. Boston, 
Mass."
Adulteration of the article was alleged in the libel for the reason that apples 
of lower grade than that designated had been mixed and packed with and 
substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the statement appearing in the 
labeling, to wit, " Massachusetts Standard Fancy Grade Min Size 2| Inches 
* * * Mcintosh Reds," was false and misleading and deceived and misled 
the purchaser. Misbranding was alleged for the further reason that the article 
was offered for sale under the distinctive name of another article.
On Januay 28, 1924, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be sold by the United States marshal.
HOWARD M. GORE, Acting Secretary of Agriculture.