13300. Misbranding: and alleged adulteration of evaporated apples.    U. S.
v. 94 Cases of Evaporated Apples. Decree of condemnation and 
forfeiture. Produet released under bond. (F. & D. No. 19882. I. S. 
No. 13600-v.    S. No. E-5163.)
On March 10, 1925, the United States attorney for the District of Connecti- 
cut, 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 con- 
demnation of 94 cases of evaporated apples, remaining in the original un- 
broken packages at New Haven, Conn., consigned from Webster, N. Y., alleging 
that the article had been shipped by E. B. Holton, on or about November 25,. 
1924, and transported from the State of New York into the State of Connecti- 
cut, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: " 50 Lbs. Daisie Brand Choice 
Wood Dried Evaporated Ring Apples Packed By E. B. Holton, Webster, N. Y."
Adulteration of the article was alleged in the libel for the reason that 
excessive moisture'had been .substituted wholly or in part for the said article 
and had been mixed and packed with it so as to reduce, lower, or injuriously 
affect its quality.
Misbranding was alleged for the reason that cases containing the article bore 
certain statements, designs, and devices which were false and misleading and 
deceived and misled the purchaser, and in that it was offered for sale under 
the distinctive name of another article.
On April 22, 1925, E. B. Holtoh, Webster, N. Y., having appeared as claimant 
for the property, judgment of the court was entered, finding the product mis- 
branded and ordering its condemnation and forfeiture, and it was further 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the sum 
of $1,128, in conformity with section 10 of the act
E. W. DUNLAP, Acting Secretary of Agriculture.