14403. Adulteration and misbranding of evaporated  apples.    IT.  S. v.  En-
gene B. Holton.    Plea of guilty.     Fine, $25 and costs.     (F. & D. No.
18321.    I. S. Nos. 1836-v, 1843-v, 1844-v, 1845-v.)
On April 15, 1924, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Eugene B. Holton, Webster, N. Y., alleging shipment by said defendant, in* 
violation of the food and drugs act as amended, on or about February 9, 1923, 
from the State of New York into the State of Massachusetts, and, on or about 
February 10 and 24, and March 9, 1923, respectively, from the State of New 
York into the State of New Hampshire, of quantities of evaporated apples 
which were adulterated and misbranded. A portion of the article was labeled 
in part: "Net Weight 15 Ounces Holton Brand Fancy Evaporated Apples 
Packed By E. B. Holton * * * Webster, N. Y." The remainder of the 
said article was labeled in part: "Apples Profile Brand Fancy Evaporated 
Apples    *    *    *    Contents 15 Oz. When Packed."
Adulteration of the article was alleged in the information for the reason 
that a substance, to wit, water, had been mixed and packed therewith so as to 
lower and reduce and injuriously affect its quality and strength, and in that 
excessive water had been substituted in part for evaporated apples, which the 
said article purported to be.
Misbranding was alleged for the reason that the statements " Evaporated 
Apples " and " Net Weight 15 Ounces " or " Contents 15 Oz.," as the case might 
be. borne on the packages containing the article, were false and misleading, 
in that the said statements represented that the article consisted wholly of 
evaporated apples and that each of the packages contained 15 ounces thereof, 
and for the further reason that it was labeled as aforesaid so as to deceive 
and mislead the purchaser into the belief that it consisted wholly of evapo- 
rated apples and that each of the said packages contained 15 ounces thereof, 
whereas the said article did not consist wholly of evaporated apples but did 
consist in part of excessive water, and each of the packages did not contain 
15 ounces of the article but did contain a less amount. Misbranding was alleged 
for the further reason that the article was food in package form and the quan- 
tity of the contents was not plainly and conspicuously marked on the outside 
of the package.
On March 10, 1926, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $25 and costs.
W. M. JABDINB, Secretary of Agriculture.