13701. Misbranding and alleged adulteration of evaporated applet.    V. S.
v. Kl Cases of Evaporated Apple*. Deeree of condemnation and 
forfeiture. Product released under bond. (F. & D. No. 19919. I. S. 
No. 14230-v.     S. No. E-5193.)
On March 24, 1925, the United States attorney for the District of Vermont, 
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 condemna- 
tion of 81 cases of evaporated apples, at Burlington, Vt., alleging that the 
article had been shipped by the A. W. Williams Fruit Co., from Sodus, N. Y., in 
two consignments, namely, February 17 and 20, 1925, respectively, and trans- 
ported from the State of New York into the State of Vermont, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: (Carton) "14 To 15 Ounces Net When Packed 
Hills of Wayne Fancy Evaporated Apples Sodus, New York * * * Packed 
By A. B. Williams Fru.it Co."
It was alleged in substance in the libel that the article was adulterated, in 
that it contained excessive moisture.
It was further alleged in the libel that the article was misbranded.
On .luly 7, 1925, the Spaulding & Kimball Co., Burlington, Vt., having ap- 
peared as claimant for the property, judgment of the court was entered, finding 
the product misbranded and ordering its condemnation and forfeiture, and it 
was further ordered by the court that the product be released to the said claim- 
ant upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $600, conditioned in part that it not be sold or disposed of 
contrary to law.
R. W. DUNLAP, Acting Secretary of Agriculture.