1:032. Adulteration and misbranding of evaporated apples. IT. S. v. 30 
Cases of Evaporated Apples. Consent decree entered, ordering 
product released under bond.     (P. & D. No. 19918.    I. S. No.  14792-V.
S. No. C-4685.)
On March 21, 1925, the United States attorney for the District of Minnesota, 
:ting upon a report by the Secretary of Agriculture, filed in the District 
Durt of the United States for said district a libel praying the seizure and 
mdemnation of 30 cases of evaporated apples, remaining in the original un- 
?oken packages at St. Paul, Minn., alleging that the article had been shipped 
r R. D. Waterman & Son, from Williamson, N. Y., December 9, 1924, and 
ansported from the State of New York into the State of Minnesota, and 
targing adulteration and misbranding in violation of the food and drugs act 
amended. The article was labeled in part: (Carton) "Lake Shore Brand 
3w York State 12 Oz. Net" (rubber stamped "10 Oz. Net") "Apples Evapo- 
ted Sulphured Packed By R. D. Waterman & Son, Inc. Fruitland & Wil- 
imson,   N.   Y."
Adulteration of the article was alleged in the libel for the reason that' a 
bstance, excessive moisture, had been mixed and packed with and substituted 
lolly or in part for the said article.
Misbranding was alleged for the reason that the statements " Evaporated 
Dples 10 Oz. Net" and " 12 Oz. Net," borne on the labels, were false and 
sleading and deceived and misled the purchaser, for the further reason 
at the article was offered for sale under the distinctive name of another 
tide, and for the further reason that it was food in package form and the 
antity of the contents was not plainly and conspicuously marked on the 
tside of the package.
On April 20, 1925, the Northern Jobbing Co., St. Paul, Minn., having ap- 
ared as claimant for the property, and having consented to the entry of a 
cree forfeiting the product, judgment was entered, ordering that it be re-
leased to the said claimant upon payment of the costs of the proceedings and 
the execution of a bond in the sum of $500, conditioned in part that it be 
shipped to R. D. Waterman & Son, Fruitland, N. Y., to be reconditioned to the 
satisfaction of this department.
R. W. DUNLAF, Acting Secretary of Agriculture.