18588. Adulteration and Misbranding of canned apple Butter.     U. S. v. 11
Cases of Canned Apple Butter. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 26093. I. S. No. 21768. S. 
No. 4410.)
Samples of canned apple butter from the shipment herein described having 
been found to contain lead and arsenic and to be short weight, the Secretary 
of Agriculture reported the matter to the United States attorney for the 
District of New Mexico,
On March 26, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 11 cases of canned apple butter at Las Vegas, N. Mex., alleging 
that the article had been shipped by the Currie Canning Co., from Grand Junc- 
tion, Colo., on or about January 2, 1931, and had been transported from the 
State of Colorado into the State of New Mexico, and charging adulteration 
and misbranding in violation of the food and drugs act as amended. The article 
was labeled in part: (Can) "Colorado Columbine.Brand Apple Butter Weight 
of Contents One Pound Seven Ounces. An abundance of sunshine, pure radium 
charged air and cool nights give this apple butter its splendid color and flavor."
It was alleged in the libel that the article was adulterated in that it con- 
tained added poisonous and deleterious ingredients, namely, lead and arsenic, 
which might have rendered it injurious to health.
Misbranding was alleged for the reason that the following statements ap- 
pearing on the label, regarding the said article and the ingredients therein, 
"Pure radium charged air * * * give this apple butter its splendid color 
and flavor * * * Weight of Contents One Pound Seven Ounces," were 
false and misleading and deceived and misled the purchaser. Misbranding was 
alleged for the further reason that the article was food in package form and 
failed to bear a plain and conspicuous statement of the quantity of the con- 
tents, since the quantity stated was not correct.
On June 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.
ABTHUB M. HYDE, Secretary of Agriculture. 
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