28389. Adulteration of apples.    TJ. S. v. 65 Bushels of Apples.    Consent, decree of
condemnation, with provision for release on condition that deleterious 
ingredients be removed.     (F. & D. No. 41365.    Sample No. 59995-C.)
This product was contaminated with arsenic and lead.
On November 17, 1937, the United States attorney for the Northern District 
of Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 65 bushels of apples 
at Indiana Harbor, Ind., alleging that the article, consigned to the Indiana 
Harbor Open Air Market, had been shipped in interstate commerce on or 
about November 2, 1937, by Nathan Tobias from Coloma, Mich., and charging 
adulteration in violation of the Food and Drugs Act. The article was labeled 
in part: "Wallace Krieger R-1, Coloma, Mich."
It was alleged to be adulterated in that it contained added poisonous or 
deleterious ingredients, arsenic and lead, which might have rendered it harmful 
to health.
On December 16, 1937, Nathan Tobias, proprietor of the Indiana Harbor Open 
Air Market, claimant, having admitted the allegations of the libel and having 
consented to the entry of a decree, judgment of condemnation was entered. The 
court, however, ordered that in lieu of destruction, the claimant might remove 
the deleterious ingredients and obtain release of the apples after examination by 
and approval of this Department.
HAEBT L. BROWN, Acting Secretary of Agriculture.