13315. Adulteration and misbranding: of evaporated apples. V. S. v. 35- 
Cases, et al., of Evaporated Apples. Consent decree of condem- 
nation and forfeiture.    Product released under bond.     (F. & D. No,
19941.    I. S. Nos. 23208-v, 23209-Y, 23210-V.     S. NO. C-4688.)
On March 27, 1925, the United States attorney for the District of Ne- 
braska, 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 35 cases, 50 pounds each, and 119 cases, 25 
pounds each, of evaporated apples, at Omaha, Nebr., alleging that the article 
had been shipped by L. S. Town, from North Rose, N. Y., on or about De- 
cember 4, 1924, and transported from the State of New York into the State 
of Nebraska, and charging adulteration and misbranding in violation of the 
food and drugs act as amended. The 50-pound cases and a portion of the 
25-pound cases were labeled in part: " NewT York Choice Evaporated Apples 
Packed by L. S. Town, Rose, Wayne Co., New York." The remainder of 
the product was labeled in part: "25 Pounds Fancy Evaporated Apples King 
Brand."
Adulteration of the article was alleged in the libel for the reason that 
a substance containing excessive moisture had been mixed and packed there- 
with so as to reduce, lower, or injuriously affect its quality or strength and 
had been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the designation " Evaporated 
Apples" was false and misleading and deceived and misled the purchaser, 
and for the further reason that the article was offered for sale under the 
distinctive name of another article. Misbranding was alleged with respect 
to the portion labeled " Choice " for the 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.
On April 24, 1925, L. S. Town, North Rose, N. Y., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree of 
condemnation and forfeiture, judgment of the court was entered, finding the 
product adulterated and misbranded and ordering its release to the said claim- 
ant upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $1,000, in conformity with section 10 of the act, conditioned in 
part that its moisture content be reduced within the legal limits.
R. W. DUNLAP, Acting Secretary of Agriculture.