4458. Misbranding of apple butter.    IT. S. v. 24 Cases of Apple Butter.    Default
decree of condemnation. Product ordered delivered to charitable 
institutions.    (F; D. C. No. 7879.    Sample No. 88195-E.)
On July 13,1942, the United States attorney for the Northern District of Texas 
filed a libel against 24 cases, each containing 24 cans, of apple butter at Amarillo, 
Tex., alleging that the article had been shipped in interstate commerce on or 
about February 28, 1942, by Kuner-Empson Co. from Brighton, Colo.; and charg- 
ing that it was misbranded. The article was labeled in part: (Cans) "Emp- 
son's Apple Butter."
The article was alleged to be misbranded in that it purported and was repre- 
sented to be a food for which a definition and standard of identity had been pro- 
'smulgated pursuant to law and it failed to conform to such definition and 
/ standard of identity since its soluble solids content was less than 43 percent 
and such regulation requires that the soluble solids content of apple butter be 
not less than 43 percent.
On October 12, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed. Subsequently, on October 
23, the order of destruction was changed to order the delivery of the article to 
charitable institutions.