13666. Adulteration   and   misbranding   of   evaporated   apples.     U.   S.   v.   48
Cases of Evaporated Apples. Decree of condemnation and for- 
feiture. Product released under bond. (P. & D. No. 19943. I. S. 
No. 17265-v.     S. No. E-5258.)
On March 30, 1925, the United States attorney for the Eastern District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnation of 48 cases of evaporated apples, remaining unsold in the or ginal 
packages at Norfolk, Va., alleging that the article had been shipped by M. O. 
Engleson & Co., from Williamson, N. Y., in various lots, namely, November 14 
and December 8 and 15, 1924, respectively, and transported from the State of 
New York into the State of Virginia, and charging adulteration and misbrand- 
ing in violation of the food and drugs act. The article was labeled in part: 
" Choice Engleson Brand Evaporated Apples Packed By M. O. Engleson & Co., 
Williamson, N. Y. U. S. A."
Adulteration of the article was alleged in the libel for the reason that exces- 
sive moisture had been mixed and packed therewith so as to reduce, lower, or 
injuriously affect its quality and 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 it was offered for sale under the distinctive name 
of another article.
On June 30, 1925, M. O. Engleson & Co., Inc., Williamson, N. Y., having ap- 
peared as claimant for the property, judgment of condemnation and forfeiture 
was entered, and it was ordered by the court that the product be released "o 
the said claimant upon payment of the costs of the proceedings and the execu- 
tion of a bond in the sum of $500, in conformity with section 10 of the act, 
conditioned in part that it be relabeled after proper redrying.
B. W. DTJNLAP, Acting Secretary of Agriculture.