13886. Adulteration  and   misbranding  of   evaporated   apples.    U.   S.  v.   72
Cases   of   Evaporated   Apples.    Default   decree   of  condemnation, 
forfeiture, and  destruction.    (F.  & D.  No.  20023.    I.  S.  No.  16418-v.
S. No. E-5300.)
On April 23, 1925, the United States attorney for the Southern District of 
Florida, 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 72 cases of evaporated apples, remaining in the original 
unbroken packages at Tampa, Fla., alleging that the article had been shipped 
by the Aspegren Fruit Co., from Sodus, N. Y., in various consignments, namely, 
on or about October 24, November 7, December 5 and 12, 1924, and January 
9, 1925, respectively, and transported from the State of New York into the 
State of Florida, and charging adulteration and misbranding in violation 
of the food and drugs act as amended. The article was labeled in part: 
(Carton) "Victor Brand Evaporated Apples Sulphured Packed By The Aspegren 
Fruit Co. Sodus, N. Y., Contents 6 Oz. Net."
Adulteration of the article was alleged in the libel for the reason that it 
consisted in part of a filthy, decomposed, and putrid vegetable substance.
Misbranding was alleged for the reason that the statement "Contents 6 Oz. 
Net," borne on the label, was false and misleading and deceived and misled 
the purchaser, and for the further reason that it was food in package form 
and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package.
On August 7, 1925, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
C. F. MABVW, Acting Secretary of Agriculture.