13447. Adulteration of canned cherries. U. S. v. 74% Cases, et al., of Cher- 
ries. Consent decrees of condemnation and forfeiture. Product 
released under bond. (F. & D. Nos. 19945, 19951, 19998. I. S. Nos. 
15625-v, 15636-v, 15651-v.    S. Nos. E-5259, E-5262, B-5291.)
On March 28 and April 3 and 14, 1925, respectively, the United States attor- 
ney for the Western District of Pennsylvania, acting upon reports by the Secre- 
tary of Agriculture, filed in the District Court of the United States for said 
district libels praying the seizure and condemnation of 207 cases of cherries, in 
part at McKeesport, Pa., and in part at Washington, Pa., alleging that the 
article had been shipped by S. E. Comstock & Co., in part from Fairport, N. Y., 
and in part from Wayneport, N. Y., in various consignments, namely, on or 
about the respective dates of September 1 and 16 and November 5, 1924, and 
transported from the State of New York into the State of Pennsylvania, and 
charging adulteration in violation of the food and drugs act. The article was 
labeled in part, variously: " Sweet Violet Brand Red Sour Pitted Cherries "; 
" Red Ring Brand Red Sour Pitted Cherries"; and " Orchard Farm Brand 
Red Sour Pitted Cherries."
Adulteration of the article was alleged in the libels for the reason that it con- 
sisted in whole or in part of a filthy, decomposed, or putrid vegetable substance.
On May 21, 1925, the Egypt Canning Co., Egypt, N. Y., claimant, having 
admitted the allegations of the libels and having consented to the condemna- 
tion and forfeiture of the product, decrees of the court were entered, ordering 
that the product be released to the said claimant upon payment of the costs of 
the proceedings and the execution of bonds in the aggregate sum of $900, in 
conformity with section 10 of the act, conditioned in part that it be reprocessed 
and reconditioned under the supervision of this department.
R. W. DTJNLAP, Acting Secretary of Agriculture.
On April 11 and 23, 1925, respectively, the United States attorney for the 
Western District of Pennsylvania, 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 26 cases of evaporated apples, 
at Pittsburgh, Pa., alleging that the article had been shipped by W. T. Gay- 
lord, jr., from Sodus, N. Y., in two consignments, namely, on or about De- 
cember 2 and 16, 1924, respectively, and transported from the State of New 
York into the State of Pennsylvania, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: "50 Lbs. Choice Evaporated Snow Flake Apples W. T. Gaylord, Jr., 
Sodus, Wayne Co., N. Y."
Adulteration of the article was alleged in the libels for the reason that a 
substance, excessive moisture, had been mixed and packed with and substi- 
tuted wholly or in part for the said article.
Misbranding was alleged for the reason that the statements " Choice Evapo- 
rated Apples'' and " Evaporated Apples," as the case might be, borne on the 
labels, were false and misleading and deceived and misled the purchaser, and 
for the further reason that the article was offered for sale under the dis- 
tinctive name of another article.
On May 15, 1925, W. T. Gaylord, jr., Sodus, N. Y., claimant, having admitted 
the allegations of the libels and having consented to the condemnation and 
forfeiture of the property, judgments of the court were entered, ordering that 
the product be released to the said claimant upon payment of the costs of the 
proceedings and the execution of bonds in the aggregate sum of $400, in 
conformity with section 10 of-the act, conditioned in part that it be reprocessed 
and reconditioned under the supervision of this department.
R. W. DUNLAP, Acting Secretary of Agriculture.