7843. Adulteration and misbranding- of evaporated apples. U. S. * * * 
v. 1,200 Cases of Evaporated Apples. Consent decree of condemna- 
tion and forfeiture. Product released on bond. (F. & D. Nos. 12112, 
12113.     I.  S. Nos. 35-v, 36-r.     S. Nos. E-1934, E-1935.)
On January 29, 1920, the United States attorney for the Southern Dis- 
trict of New York, acting upon a report by the Secretary of Agriculture, filed 
in the Distiict Court of the United States for said district a libel for the 
seizure and condemnation of 1,200 cases of evaporated apples, remaining 
unsold in the origins? 1 unbroken packages at New York, N. Y., alleging that 
the article had been shipped on or about December 27, 1919, by Garcia & 
Maggini Co., San Francisco, Calif., and transported from the State of Cali- 
fornia into the State of New York, and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act. The article was labeled in part, 
"Bon Ton Brand California Fancy Evaporated Apples Packed by Garcia & 
Maggini Company, San Francisco, California."
Adulteration of the article was alleged in that excessive amounts of water 
had been mixed a'nd packed with, and substituted in pprt for, evaporated 
apples.
Misbranding of the article was alleged in that the statement on the label 
affixed to the boxes containing the article, to wit, " Fancy Evaporated Ai> 
pies," was false and misleading and deceived and misled the purchaser. Fur- 
ther misbranding was alleged in that the article Was an imitation of, and 
offei'ed for sale under the distinctive name of, another article. Further mis- 
branding was alleged in that the article was food in package form, and the 
quantity of the contents was not plainly and conspicuously marked on tlie 
outside of the package.
On March 19, 1920, Anthony J. Coccaro and Joseph J. Coccaro, claimants, 
having consented to a decree, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be delivered to 
said claimants upon the payment of the costs of the proceedings and the exe- 
cution of a bond, conditioned in part that the article be resorted and reevapo- 
rated under the supervision of an inspector of the Department of Agriculture 
and be sold in conformity with section 10 of the act.
E. D. BALL, Actinff Secretary of Agriculture.