13361. Adulteration and misbranding of evaporated apples. V. S. v.* 21 
Cases of Evaporated Apples. Decree of condemnation and for- 
feiture.     Px-oduct  released  under  bond  to  be reconditioned.      (F.
& D. No. 20010.     I. S. No. 21836-v.    S. No. C-4714.)
On April 16, 1925, the United States attorney for the Eastern District of 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 21 cases of evaporated apples, at Ashland,  Ky., alleg-
ing that the article had been shipped by C. C. Hall (Inc.), from Brighton, 
N. Y., on or about November 22, 1924, and transported from the State of New 
York into the State of Kentucky, and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part: 
" Monogram Brand Evaporated Apples Packed By G. G. Hall, Inc Rochester, 
N. Y.    Sulphured."
Adulteration of the article was alleged in the libel for the reason that ex- 
cessive moisture had been mixed and packed,therewith so as to reduce, lower, 
and injuriously affect its quality and strength and had been substituted wholly 
or in part for the said article.
Misbranding was alleged for the reason that the statement in the labeling 
" Evaporated Apples " was false and misleading and deceived and misled the 
purchaser, and for the further reason that it was offered for sale under the 
distinctive name of another article, viz, evaporated apples.
On May 23, 1925, C. C. Hall (Inc.), Rochester, N. Y., having appeared as 
claimant for the property, judgment of condemnation and forfeiture was en- 
tered, and it was ordered by the court that the product be released to the 
said claimant upon payment of the costs of the proceedings and the execution 
of a bond in the sum of $100, in conformity with section 10 of the act, condi- 
tioned in part that it not be sold or disposed of until dried down to the proper 
moisture content.
C. F. MARVIN, Acting Secretary of Agriculture.