13306. Aanlteration and misbranding- of evaporated apples. U. S. v. 17 
Cases, et al., of Evaporated Apples. Decrees of condemnation. 
Product released tinder bond. (F. & D. Nos. 19S99, 19913. I. S. Nos. 
13900-v, 13927-v, 13928-v, 14228-v.    S. Nos. E-5169, E-51S7.)
On March 14 and 20, 1925, respectively, the United States attorney for the 
District of Massachusetts, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district libels praying 
the seizure and condemnation of 60 cases and 37 boxes of evaporated apples, 
remaining in the original unbroken packages at Boston, Mass., alleging that 
the article had been shipped by E. B. Holton, from Webster, N. Y., in part 
November 25, 1924, and in part January 17, 1925, and transported from the 
State of New York into the State of Massachusetts, and charging adulteration 
and misbranding in violation of the food and drugs act. The article was 
labeled, variously, in part: " Holton Brand Fancy Evaporated Apples Packed 
By E. B. Holton, Manufacturer and Packer Of Evaporated Fruits, Webster, 
N. Y.," " Holton Brand Fancy Wood Dried Evaporated Ring1 Apples," or 
" Daisie Brand Choice Evaporated Ring Apples Packed By E. B. Holton, 
Webster, N. Y."
Adulteration of the article was alleged in the libels for the reason that a 
substance, excessive moisture, had been mixed and packed therewith so as to 
reduce, lower, and injuriously affect its quality and strength and had been 
substituted wholly and in part for the said article.
Misbranding was alleged for the reason that the statements " Evaporated 
Ring Apples," " Evaporated Apples," and " Evaporated Fruits," as the case 
might be, appearing in the labeling, were false and misleading and deceived 
and misled the purchaser, and for the further reason 1hat the article was 
offered for sale under the distinctive name of another article.
On April 15,1925, E. B. Holton, Webster, N. Y., having entered an appearance 
as claimant for the property and having filed satisfactory bonds in conformity 
with section 10 of the act, judgments of condemnation were entered, and it 
was ordered by the court that the product might be released to the said 
claimant upon payment of the costs of the proceedings.
R. W. DUJSTLAP, Acting Secretary of Agriculture.