19942. Adulteration  and  Misbranding of  evaporated  apples.    U.  S.  v.  62
Cases of Evaporated Apples. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 27740. I. S. Nos. 37235, 
37236, 37237.    S. No. 5793.)
This action involved the interstate shipment of quantities of evaporated 
apples. Samples taken from portions of the article were found to contain 
excessive moisture; sample packages examined from the remainder were found 
short of the declared weight.
On February 12, 1932, the United States attorney for the Northern District 
of Florida, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 62 cases of evaporated apples, remaining in the 
original unbroken packages at Pensacola, Fla., alleging that the article had been 
shipped in interstate commerce on or about November 17, 1931, by W. H. 
Packard, from Medina, N. Y., to Pensacola, Fla., and charging adulteration and 
misbranding in violation of the food and drugs act as amended. A portion of 
the article was labeled in part: " Orleans Brand Evaporated Apples Packed By 
W. H. Packard, Rochester, N. Y." The remainder was labeled in part: (Ship- 
ping package) "50-6 oz. Cartons Thanksgiving Brand Evaporated Apples 
Packed By W. H. Packard, Medina, N. Y.;" (carton) " 6 oz. Net Weight."
Adulteration of the Orleans brand was alleged for the reason that excessive 
moisture, which had been mixed and packed with the article so as to reduce 
and lower and injuriously affect its quality, had been substituted in part for 
evaporated apples, which the article purported to be.
Misbranding of the said Orleans brand was alleged for the reason that the 
statement " Evaporated apples" was false and misleading and deceived and 
misled the purchaser, when applied to evaporated apples containing excessive 
moisture, and for the further reason that the article was offered for sale under 
the distinctive name of another product. Misbranding of the Thanksgiving 
brand apples was alleged for the reason that the statements on the cartons, 
" 6 oz. net weight * * * when packed," and on the shipping packages, " 50-6 
oz. Cartons," were false and misleading and deceived and misled the purchaser. 
Misbranding of the said Thanksgiving brand apples was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the packages, 
since the packages contained less than represented.
On June 11, 1932, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
HENBY A. WALLACE, Secretary of Agriculture.