22742. Adulteration of  evaporated apples.    U.  S. v.  100 Boxes  of Evapo¬
rated   Apples.    Consent   decree   of   condemnation.    Product   re- 
leased under bond.     (F. & D. no. 32426.    Sample no. 62005-A.)
This case involved the shipment of a quantity of evaporated apples which 
contained excessive moisture.
On March 28, 1934, the United States attorney for the Eastern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 100 boxes of evaporated 
apples at Sherman, Tex., alleging that the article had been shipped in inter- 
state commerce on or about February 13, 1934, by Rosenberg Bros. & Co., from 
Fresno, Calif., and charging adulteration in violation of the Food and Drugs 
Act. The article was labeled in part: (Boxes) "25 Lbs. Net Weight Magnolia 
Brand Extra Choice Evaporated Apples Distributed by Rosenberg Bros. & Co. 
California."
It was alleged in the libel that the article was adulterated in that a product 
containing excessive water had been substituted for evaporated apples.
On June 27, 1934, Rosenberg Bros. & Co., Fresno, Calif., claimant, having 
admitted the allegations of the libel and consented to the entry of a decree, 
judgment of condemnation was entered and it was ordered by the court that 
the product be released to the claimant upon payment of costs and the execu- 
tion of a bond in the sum of $500, conditioned that it be dried to reduce the 
moisture content to 24 percent or less.
M. L. WILSON, Acting Secretary of Agriculture.