13697. Adulteration  and  misbranding  of  evaporated apples.    IT.  S.  v.  348
Cases, et al., of Evaporated Apples.     Decree of condemnation and 
forfeiture.     Product released under bond.     (F. & D. No. 19995.     I. S.
Nos. 16410-v, 16411-v, 16412-v,  16413-v.     S. No. E-5287.)
On April 16, 1925, the United States attorney for the Southern District of 
Florida, 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 533 cases of evaporated apples, remaining in the original un- 
broken packages at Tampa, Fla., alleging that the article had been shipped by 
E. B. Holton, from Webster, N. Y., on or about January 25, 1925, and trans- 
ported from the State of New York into the State of Florida, and charging 
adulteration and misbranding in violation of the food and drugs act as 
amended. A portion of the article was labeled in part: "Sunset Brand" (or 
"Dixie Brand") "Fancy Evaporated Apples Packed By E. B. Holton Packer 
Of Evaporated Fruits Webster, N. Y." The remainder of the said article was 
labeled in part: "25 Lbs. Evaporated Apples Choice Daisy Brand Ring" (or 
"Whole") "Packed By E. B. Holton, Webster, N. Y."
Adulteration of the article was alleged in the libel for the reason that a 
substance, excessive moisture, had been mixed and packed therewith so as to 
reduce, lower, and injuriously affect its quality and strength and had been 
substituted in part for the said article.
Misbranding was alleged for the reason that the statements borne on the 
labels, namely, " Fancy Evaporated Apples * * * Evaporated Fruits," 
" Evaporated Apples Choice," and " 25 Lbs.," as the case might be, were 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. Misbranding was alleged with respect to 50 cases of the product for 
the further 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, since the statement made was not correct.
On May 13, 1925, E. B. Holton, Webster, N. Y., having appeared as claimant 
for the property, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the said claimant 
upon the execution of a bond in the sum of $3,653.50, in conformity with 
section 10 of the act, conditioned in part that it be reprocessed to comply with 
the law, and it was further ordered that the claimant pay the costs of the 
proceedings.
R. W. DUNLAP, Acting Secretary of Agriculture.