25952. Adulteration and misbranding of evaporated apples.    IT. S. v. Rosenberg
Bros. & Co.     Plea of guilty.    Fine, $200.     (F. & D, no. 33813.    Sample 
no. 62005-A.)
This case involved an interstate shipment of evaporated apples that contained 
excessive moisture.
On December 10, 1934, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against Rosenberg Bros. & Co., a corporation, 
San Francisco, Calif., charging shipment by said corporation in violation of the 
Food and Drugs Act, on or about February 13,1934, from the State of California 
into the State of Texas of a quantity of evaporated apples that were adulterated 
and misbranded. The article was labeled: "25 Lbs. Net Weight Magnolia 
Brand Extra Choice Evaporated Apples Distributed by Rosenberg Bros. & Co. 
California, U. S. A. Grown and Packed in the U. S. A. Prepared with Sulphur 
Dioxide."
The article was alleged to be adulterated in that a substance, namely, apples 
containing excessive moisture, i. e., apples insufficiently evaporated, had been 
substituted for evaporated apples, which the article purported to be.
The article was alleged to be misbranded in that the statement "Evaporated 
Apples", borne on the label, was false and misleading, and in that by reason* 
of said statement the article was labeled so as to deceive and mislead the- 
purchaser, since it represented that the article was evaporated apples : whereas(. 
in fact, the article was not evaporated apples, but was apples containing ex- 
cessive moisture, i. e., apples insufficiently evaporated.
.   On April 9, 1936, a plea of guilty was entered on behalf of the defendant 
J irporation, and the court imposed a fine of $200*
M. L. WILSON, Acting Secretary of Agriculture. 
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