21683. Adulteration and misbranding of apple butter. V. S. "v. 0 Cases of 
Apple Butter. Default decree of condemnation, forfeiture, and 
destruction.     (F.  & D. no. 30050.    Sample nos. 4622-A,  33972-A.)
On April 6, 1933, the United States attorney for the Western District of 
Michigan, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of nine cases of apple 
butter at Grand Rapids. Mich., alleging that the article was misbranded in vio- 
lation of the Food and Drugs Act as amended. On May 22. 1933. an amended 
libel was filed charging that the article was also adulterated. The libels 
charged that the article had been transported in interstate commerce by Pre- 
serves & Honey, Inc., on or about February 2. 1933. from St. Louis. Mo., into 
the State of Michigan. The article was labeled in part: (Jar) " Shady Dell 
Brand Pure Apple Butter, Net Weight 2 lb. 6 oz."'
It was alleged in the libel as amended that the article was adulterated in 
that it consisted in whole or in part of filthy vegetable and animal substances.
Misbranding was alleged for the reason that the statement. " Net Weight 2 
lb. 6 oz.". borne on the jar label, was false and misleading and deceived and 
misled the purchaser, since the jars contained less than so declared. Mis- 
branding was alleged for the further reason that the article was food in pack- 
age form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
On November 21. 1933, the claimant, Preserves & Honey. Inc., St. Louis, Mo., 
having withdrawn its claim and answer, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be de- 
stroyed by the United States marshal.
M. L. WILSON. Acting Secretary of Agriculture.
216S4. Adulteration of canned tomatoes. V. S. -v. 567 Cases of Canned 
Tomatoes. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. no. 31014.    Sample no. 40859-A.)
This case involved an interstate shipment of canned tomatoes that were 
found to contain maggots.
On August 29. 1933. the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 567 cases of canned 
tomatoes at Chicago. Ill., alleging that the article had been shipped in inter- 
state commerce on or about June 23, 1933. by the Seaside Canning Co., from 
Ocean City, Md.. and charging adulteration in violation of the Food and Drugs 
Act. The article was labeled in part: " Turkey Red Brand Tomatoes, * * * 
Packed by Seaside Canning Co.. Ocean City. Md.''
It was alleged in the libel that the article was adulterated in that it consisted 
in part of a filthy, decomposed, and putrid vegetable substance.
On October 9, 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.