22487. Adulteration and misbranding1 of dried apricots.    U. S. v. 10 Cases
of Dried Apricots. Default decree of condemnation and forfei- 
ture.     Product   delivered  to  charitable  institution.     (F.  & D.  no.
31889.    Sample no. 39410-A.)
This case involved a shipment of dried apricots that contained excessive 
moisture and undeclared sulphur dioxide.
On January 27, 1934, the United States attorney for the Western District 
of South Carolina, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 10 cases of 
dried apricots at York, S. C, alleging that the article had been shipped in 
interstate commerce, on or about December 20, 1933, by the Consolidated 
Packing Co., from San Francisco, Calif., and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part: " Superior Brand Selected California Standard Apricots Packed by Con- 
solidated Packing Co., San Francisco, California."
It was alleged in the libel that the article was adulterated in that dried 
apricots containing excessive water and sulphur dioxide had been substituted 
for dried apricots.
Misbranding was alleged for the reason that the article was labeled so as to 
deceive and mislead the purchaser, since the content of sulphur dioxide was 
not declared on the label.
On May 7, 1934, no claimant having appeared for the property, judgment of 
condemnation was entered and it was ordered by the court that the product be 
turned over to a charitable institution if found to be sound and wholesome. 
The marshal's return showed that the product was in good condition and had 
been delivered to a local charity.
M. L. WILSON, Acting Secretary of Agriculture.