21268. Adulteration and Misbranding of apple butter.    U. S. v. 47 Cases of
Apple  Butter.    Default   decree   of   condemnation,   forfeiture,   and 
destruction.    (F. & D. no. 29865.    Sample no. 32532-A.)
This case involved a shipment of apple butter which was found to be con- 
taminated with insects, and hairs of mice or other rodents. It was also falsely 
labeled as to the name of the manufacturer and the State in which it was 
produced.
On March 1, 1933, the United States attorney for the Southern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed in the 
district, court a libel praying seizure and condemnation of 47 cases of apple 
butter at Tampa, Fla., alleging that the article had been shipped in interstate 
commerce on or about September 29, 1982, by the National Fruit Product Co., 
from Winchester, Va., and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: " Suntint Apple 
Butter Cumberland Valley Fruit Products Co., Martinsburg, W.Va."
It was alleged in the libel that the article was adulterated in that it con- 
sisted of a filthy vegetable substance.
Misbranding was alleged for the further reason that the statement on the 
label, " Cumberland Valley Fruit Products Co. Martinsburg, W.Va.," was false 
and misleading and deceived and misled the purchaser, since it created the 
impression that the article was manufactured and packed by the Cumberland 
Valley Fruit Products Co.. of Martinsburg, W.Va., whereas it was manufac- 
tured and packed by the National Fruit Product Co., of Winchester, Va.
On May 5, 1933, 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.
M. L. WILSON, Acting Secretary of Agriculture.