20118. Misbranding of dried apples. U.S. v. 888 Cases of Dried Apples. 
Product released under bond. (F. & D. Nos. 28382, 28446. Sample 
Nos. 166-A, 7133-A, 7134-A.)
This action was based on the shipment of quantities of dried apples, samples 
of which were found to contain excessive moisture.
On or about July 23, 1932, the United States attorney for the Southern 
District of Texas, acting upon reports by the Secretary of Agriculture, filed in 
the District Court of the. United States for the district aforesaid a libel praying 
seizure and condemnation of 388 cases of dried apples, remaining in the original 
cases at Houston, Tex., alleging that the article had been shipped in interstate 
commerce on or about May 21, 1932, by the California Prune & Apricot Growers 
Association, from San Jose, Calif., to Houston, Tex., and charging misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: 
"Extra Choice California Dried Apples * * * Prepared with sulphur 
Dioxide."
It was alleged in substance in the libel that the article was misbranded in 
that the statement " Dried Apples " was false and misleading, since the article 
contained excessive moisture and was not sufficiently evaporated to be sold as 
dried apples.
This Department in its report to the United States attorney recommended that 
the libel be drawn to charge that the product was adulterated in that a sub- 
stance, insufficiently evaporated apples, had been substituted for evaporated 
apples, which the article purported to be.
On August 31, 1932, the case having come on for hearing on the petition of 
claimant, the California Prune & Apricot Growers Association, San Jose, 
Calif., and the court having found that the material allegations of the libel were 
true and that there were in fact 546 cases of the product, judgment was entered 
ordering that the product be delivered to the said claimant upon payment of 
costs and the execution of a good and sufficient bond, to the effect that the 
article should not be sold or disposed of contrary to the provisions of the law, 
both State and Federal.
R. G. TTJGWELL, Acting Secretary of Agriculture.