28272. Adulteration of apples.    U. S. v. One Carload  (and 3 other seizures) of
Apples. Decrees of condemnation. Three lots ordered destroyed; re- 
maining lot ordered released under bond. (F. & D. Nos. 40874, 40876, 
40931, 41142. Sample Nos. 45925-C, 49489-C, 49722-C, 60386-C, 60389-C, 
60393-C.)
This product was contaminated with arsenic and lead.
On October 29 and November 4, 9, and 16, 1937, the United States attorneys 
for the Eastern and Western Districts of Wisconsin, acting upon reports by the 
Secretary of Agriculture, filed in their respective district courts libels praying 
seizure and condemnation of 1 carload of apples at Milwaukee, Wis., 1 carload 
of apples at Green Bay, Wis., 871 bushels of apples at Fond du Lac, Wis., and 
325 bushels of apples at Rhinelander, Wis., alleging that the article had been 
shipped in interstate commerce in part from Douglas, Mich., and in part from 
Kaleva, Mich., between the dates of October 12 and November 3, 1937, by the 
Cohodas Orchard Co., and charging adulteration in violation of the Food and 
Drugs Act.
The article was alleged to be adulterated in that it contained added poisonous 
or deleterious ingredients, arsenic and lead, which might have rendered it harm- 
ful to health.
On November 29, 1937, the Cohodas Orchard Co. having filed a claim for the 
lot seized at Rhinelander, Wis., and having admitted the allegations of the libel, 
judgment of condemnation was entered and it was ordered that the apples in- 
volved be released under bond conditioned that they be made to conform with the 
law. On December 14, 1937, Cohodas Bros. Co. having filed a claim for the lots 
seized at Milwaukee, Green Bay, and Fond du Lac, Wis., and having filed motions 
for the entry of decrees permitting the return of the apples and the said motions 
having been denied and no other pleading having been filed, judgments of con- 
demnation were entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.