?13477. Adulteration and misbranding of evaporated apples. V. S. v. 
35 Cases of Evaporated Apples. Decree adjudging product adul- 
terated   and   misbranded   and   Ordering   its   release   under   bond.
(F. & D. No. 19952.    I. S. No. 14970-v.    S. No. C-4693.)
On March 31, 1925, the United States attorney for the Eastern District of 
- Missouri, 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 of evaporated apples, remaining in the original 
unbroken packages at St. Louis, Mo., alleging that the article had been 
shipped by W. T. Gaylord, jr., Sodus, N. Y., on or about December 2, 1924, and 
transported from the State of New York into the State of Missouri, and 
charging adulteration and misbranding in violation of the food and drugs act. 
The article was labeled in part: " Choice * * * Evaporated Snow Flake 
Apples W. T. Gaylord, Jr., Sodus, Wayne County, New York."
Adulteration of the article was alleged in the libel 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 statement " Evaporated 
Apples," borne on the labels, was false and misleading and deceived and misled 
the purchaser, and in that the product was offered for sale under the distinctive 
name of another article.
55998-25-
On April 10, 1925, the Rosen-Reichardt Brokerage Co., St. Louis, Mo., having 
entered an appearance as claimant for the property and having admitted the 
allegations of the libel, judgment of the court was entered, finding the 
product adulterated and misbranded, and the said claimant having executed a 
bond in the sum of $250, conditioned that the product be reconditioned under 
*he supervision of this department, it was ordered by the court that it be 
released to the claimant upon payment of the costs of the proceedings.
C. F. MARVIN, Acting Secretary of Agriculture.