18258. Adulteration  and  Misbranding of  evaporated apples.    U.  S.  v.  85
Boxes of Evaporated Apples. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 25947. I. S. No. 14825. 
S. No. 4202.)
Examination of samples of evaporated apples from the shipment herein 
described having shown that the article contained a large amount of rot spots 
and showed evidence of worm infestation, also that it was short of the declared 
weight, the Secretary of Agriculture reported the matter to the United States 
attorney for the Western District of Oklahoma.
On February 24, 1931, the United States attorney filed in the District Court 
for the district aforesaid a libel praying seizure and condemnation of 85 boxes 
of evaporated apples at El Reno, Okla., consigned by the Ozark White Lime Co., 
Johnson, Ark., alleging that the article had been shipped from Johnson, Ark., 
on or about January 12, 1931, and had been transported from the State of 
Arkansas into the State of Oklahoma, and charging adulteration and mis- 
branding in violation of the food and drugs act as amended. The article was 
labeled in part: " Net Wt. 25 Lbs. When Packed Our Pride Evaporated Apples 
Packed by Rankin & Son Springdale, Ark."
It was alleged in the libel that the article was adulterated in that it consisted 
wholly or partly of a filthy, decomposed, or putrid vegetable substance.
Misbranding was alleged in substance for the reason that the label of the 
article was false and misleading. Misbranding was alleged for the further 
reason that the article was in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package.
On April 11, 1931, 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.
ABTHXIB M. HYDE, Secretary of Agriculture.