13423. Adulteration and misbrandings of evaporated apples. U. S. v. 220 
Cases, et al., of Evaporated Apples. Consent decree* of condem- 
nation and  forfeltnre.     Product  released  under  bond.      (F.  & D.
Nos.   19459,   19468,   19469,   19470,   19490,   19491,   19492,   19493.     S.   Nos. 
C-4G03, C-4605, C-4608.)
On December 31, 1924, and January 7, 8, 14, 16, and 17, 1925, respectively, 
the United. States attorney for the District of Minnesota, acting upon reports 
by the Secretary of Agriculture, filed in the District Court of the United States 
for said district libels praying the seizure and condemnation of 1,302 boxes 
of evaporated apples, in part at Minneapolis, Minn., and in part at St. Paul, 
Minn., alleging that the article had been shipped by the A. B. Williams Fruit 
Co., Sodus, N. Y., in various consignments, namely, on or about November 14 
and 25, 1924, respectively, and transported from the State of New York into the 
State of Minnesota, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled, variously, in part: "Hills 
of Wayne Brand New York State Evaporated Apples * * * A. B. Williams 
Fruit Co., Sodus, Wayne Co., N. Y."; "Wedding Bells Brand * * * Choice 
Evaporated Ring Apples"; " Puritan Brand New York State Evaporated 
Apples "; " Dixie Brand Choice New York State Evaporated Apples."
Adulteration of the article was alleged in the libels for the reason that a 
substance, to wit, water, had been mixed and packed therewith so as to 
reduce, lower, or injuriously affect its quality or strength and had been sub- 
stituted 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.
On February 24, 1925, the A. B. Williams Fruit Co., Sodus, N. Y., having 
appeared as claimant for the property and having consented to the entry of 
decrees, judgments of condemnation and forfeiture were entered, and it was 
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 $6,000, in conformity with section 10 of the act, conditioned in part 
that it be reshipped t? the factory to be reconditioned to the satisfaction of 
this department.
R. W. DUNLAP, Acting Secretary of Agriculture.