22776. Adulteration  and misbranding of  evaporated   apples.    V.   S.  v.  23
Boxes, et al., of Evaporated Apples. Decrees of condemnation 
and forfeiture. Product released under bond. (F. & D. nos. 32690, 
32834.    Sample nos. 41374-A, 41375-A, 41426-A, 56570-A. 56571-A, 56572-A.)
These cases involved shipments of several lots of evaporated apples. All lots 
were found to be short weight; portions contained excessive moisture; one lot 
was falsely labeled as to the name of the manufacturer and place of manu- 
facture.
On May 8 and June 12, 1934, the United States attorney for the District of 
Minnesota, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 162 boxes and 22 car- 
tons of evaporated apples at Duluth, Minn., alleging that the article had been 
shipped in interstate commerce on or about March 2 and April 24, 1934 by the 
A. B. Williams Fruit Co., from Sodus, N. Y., and charging adulteration and 
Misbranding of a portion and misbranding of the remainder in violation of the 
Food and Drugs Act as amended. A portion of the article was labeled: " Queen 
Quality Choice Evaporated Ring Apples A. B. Williams Fruit Co. Sodus * * * 
N Y * * * Weight 10 Lbs." The remainder was labeled: " Hiawatha [or 
"Nokomis Brand"] Fancy Evaporated Apples Packed for [or "Packed By"] 
Stone-Ordean-Wells Co Duluth Minn Five Pounds Net Weight [or " One Pound 
Net When Packed"]."
It was alleged that a portion of the article was adulterated in that a product 
containing excessive water had been substituted for evaporated apples, which 
the article purported to be.
Misbranding of all lots was alleged for the reason that the statements 
"Weight 10 Lbs.", "Five Pounds Net Weight", "One Pound Net When 
Packed" and (one lot) "Packed by Stone-Ordean-Wells Co., Duluth, Minn.", 
were false and misleading and tended to deceive and mislead the purchaser 
since all lots were short of the declared weight and the A. B. Williams Fruit 
Co., of Sodus, N. Y., was the packer of the lot labeled " Packed by Stone-Ordean- 
Wells Co., Duluth, Minn." Misbranding was alleged for the further reason 
that the article was food in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package since 
the statement made was incorrect.
On July 17, 1934, the Stone-Ordean-Wells Co., Duluth, Minn., having appeared 
as claimant for the property and having admitted the allegation of the libels, 
judgments of condemnation and forfeiture were entered, and it was ordered by 
the court that the product be released to the claimant upon payment of costs 
and the execution of bonds totaling $1,000, conditioned that it be reconditioned 
and relabeled.
M. L. WILSON, Acting Secretary of Agriculture.