24168. Adulteration of apples.    U.   S. v.  318  Bushels  and  255  Busbels   of
Apples. Consent decree of condemnation. Product released 
under bond for removal of deleterious substances. (F. & D. nos. 
34819, 35092. Sample nos. 24955-B, 24961-B, 24962-B, 24968-B, 24969-B, 
24983-B.)
Examination of the apples involved in these cases showed the presence of 
arsenic and lead in amounts that might have rendered them injurious to health.
On November 26 and November 28, 1934, the United States attorney for the 
Northern District of Illinois, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 573 bushels 
of apples at Chicago, Ill., alleging that the article had been shipped in inter- 
state commerce between the dates of September 15 and October 12, 1934, in part 
by L. A. Spencer, from South Haven, Mich., and in part by Floyd M. Barden, 
from South Haven, Mich., and charging adulteration in violation of the Food 
and Drugs Act. A portion of the article was labeled: " Packed by L. A. Spencer 
So. Haven Mich." The remainder was labeled: " Grown and Packed by Floyd 
M. Barden, South Haven, Mich."
The article was alleged to be adulterated in that it contained added poisonous 
and deleterious ingredients, arsenic and lead, in amounts that might have ren- 
dered it injurious to health.
On December 14, 1934, the cases having been consolidated, and William J. 
Ellis & Co., Chicago, Ill., claimant, having admitted the allegations of the libels 
and having consented to the entry of a decree, judgment of condemnation was 
entered and it was ordered that the product be released under bond, conditioned 
that the deleterious substances be removed by cleaning.
M. L. WILSON, Acting Secretary of Agriculture.