19437. Misbranding of evaporated apples.    V. S. v. 14 Cases .of Evaporated
Apples.    Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. No. 27345.    I. S. No. 40519.    S. No. 5524.)
Samples packages of evaporated apples from the shipment herein described 
having been found to contain less than the declared weight, the Secretary of 
Agriculture reported the matter to the United States attorney for the Eastern 
District of Louisiana.
On December 5, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 14 cases of evaporated apples, remaining in the original un- 
broken packages at Baton Rouge, La., alleging that the article had been shipped 
by J. W. Blocher, from Bentonville, Ark., on or about September 22, 1931, and 
had been transported in interstate commerce from the State of Arkansas into 
the State of Louisiana, and charging misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: (Shipping pack- 
age) "50 Packages 7 ounce cartons Sulphur Bleached Evaporated Apples, 
Packed by J. W. Blocher; " (carton) " 7 Ounce."
It was alleged in the libel that the article was misbranded in that the state- 
ment " 7 Ounce " was false and misleading and deceived and misled the pur- 
-chaser. Misbranding was alleged 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, since the statement made was not correct.
On January 12, 1932, 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 destroyed by the United States marshal.
AETHUE M. HYDE, Secretary of Agriculture.