14127. Misbranding of evaporated apples. U. S. v. 22 Cases, et al., of 
Evaporated Apples. Default decree of condemnation, forfeiture, 
and sale. (F. & D. No. 20134. I. S. Nos. 14698-v, 14699-v, 14700-v. 
S. No. C-5017.)
On or about June 26, 1925, the United States attorney for the Middle Dis- 
trict of Tennessee, 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 77 cases of evaporated apples, remaining in the 
original unbroken packages at Nashville, Tenn., alleging that the article had 
been shipped by the Aspegren Fruit Co., Sodus, N. Y., on or about November 
24, 1924, and transported from the State of New York into the State of Ten- 
nessee, and charging misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: (Carton) "Victor Brand Evapo- 
rated Apples * * * Contents 6 Oz. Net" (or "Net Weight 8 Ounces") 
" Packed By The Aspegren Fruit Co. Sodus, N. Y." and " La Perla Brand Evapo- 
rated Apples Net Weight 15 Oz. Packed By The Aspegren Fruit Co. Sodus, N. Y."
Misbranding of the article was alleged in the libel for the reason that 
the statements, "Contents 6 Oz. Net." "Net Weight 8 Ounces," and "Net 
Weight 15 Oz.," as the case might be, borne on the labels of the said cartons, 
were false and misleading and deceived and misled the purchaser, and for the 
further reason that the article was food in package form and the quantity 
of the contents was not plainly and conspicuously marked' on the outside of 
the package.
On December 15, 1925, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be sold by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.