17661. Adulteration and Misbranding of evaporated apples. V. S. v. 42 Cases of Evaporated Apples. Decree entered ordering the prod- uct reconditioned and the unfit portion destroyed. (F. & D. No. 24350. I. S. No. 016917. S. No. 2612.) Samples of evaporated apples from the herein described interstate shipment having been found to contain excessive moisture, the Secretary of Agriculture reported the matter to the United States attorney for the Western District of South Carolina. On December 12, 1929, the said United States attorney filed in the District Court of the United States for the district aforesaid a libel praying seizure and condemnation of 42 boxes of said evaporated apples at. Greenville, S. C. alleg- ing that the article had been shipped by the Rogers & Prater Warehouse from Atlanta, Ga., on or about September 23, 1929, and had been transported from the State of Georgia into the State of South Carolina, and charging adultera- tion in violation of the food and drugs act. On April 3, 1930, the libel was amended to charge adulteration and Misbranding of the product. The article was labeled in part: " Sulphur bleach evaporated apples, packed by J. W. Blocher, Bentonville, Arkansas." It was alleged in the libel, as amended, that the article was adulterated in that a substance containing excessive moisture had been substituted wholly or in part for evaporated apples. Misbranding was alleged for the reason that the statement " Evaporated apples," borne on the label, was false and misleading and deceived and misled the purchaser when applied to apples that were insufficiently evaporated. On May 13, 1930, a hearing was had before the court, at which, after the introduction of evidence, the court decided that the product contained exces- sive water and ordered that the claimant, Livingston & Co., Greenville, S. C, reduce the excessive water and bring the product into conformity with the Federal food and drugs act. On June 7, 1930, the court entered an order that after claimant had reduced the excessive water, so much of the product as could be salvaged might be sold, and that any portion thereof that could not be made to conform with the provisions of the food and drugs act be destroyed by the United States marshal. ABTHXTB M. HYDE, Secretary of Agriculture.