18006. Adulteration   and  Misbranding of   evaporated   apples.    U.   S.  v.   25
Boxes, et al<, of Evaporated Apples. Default decrees of con- 
demnation and forfeiture. Product delivered to charitable insti- 
tution. (F. & D. Nos. 25474, 25567, 25569, 25570, 25571. I. S. Nos. 
14402, 14516.    S. No. 3738.)
Samples of ev^poraed apples from the shipments herein described having 
been found to contain excessive moisture, the Secretary of Agriculture reported 
the matter to the United States attorney for the Middle District of Georgia.
On December 15, 1930, and January 3, 1931, the United States attorney filed 
in the District Court of the United States for the district aforesaid libels pray- 
ing seizure and condemnation of 25 boxes and 348 cases of evaporated apples, 
-remaining in the original unbroken packages at Columbus, Ga., alleging that 
the article had been shipped by the Smith Evaporating Co., from Farmington, 
Ark., on or about October 2, 1930, and transported from the State of Arkansas 
into the State of Georgia, and charging that the article was adulterated, and 
that a portion was misbranded, in violation of the food and drugs act. The 
article was labeled in part: " Evaporated Apples Wonder Brand Manufactured 
and Packed by Smith Evaporating Co., Farmington, Ark."
Adulteration was alleged in one libel, involving a portion of the product, 
for the reason that a substance containing excessive moisture had been sub- 
stituted for the article. Adulteration was alleged in the libels, with respect to 
the remainder of the article, for the reason that insufficiently evaporated apples 
had been substituted wholly or partly for the said article.
Misbranding was alleged with respect to the greater portion of the article 
for the reason that the statement on the label, " Evaporated Apples," was 
false and misleading, and deceived and misled the purchaser when applied 
to insufficiently evaporated apples.
On February 5,1931, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be delivered to a charitable institution.
AETHUE M. HYDE, Secretary o," Agriculture.