23336. Adulteration   and misbranding of   apples.      U.   S.   v.   1,049   Bushel
Baskets of Apples. Decree of condemnation and forfeiture. Prod- 
uct ordered relabeled and released. (F. & D. no. 33681. Sample nos. 
10555-B, 17847-B.)
This case involved shipments of apples which were below the grade specified 
on the label.
On October 9, 1934, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 1,049 bushels 
of apples at Philadelphia, Pa., alleging that the article had been shipped in 
interstate commerce, on or about September 26 and 29, 1934, by O. W. Borden, 
f dom Front Royal, Va., and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: " U. S. No. 1 
Packed by O. W. Borden, Front Royal, Va."
The article was alleged to be adulterated in that apples below the grade 
indicated on the label had been substituted for the article.
Misbranding was alleged for the reason that the statement " U. S. No. 1", 
borne on the label, was false and misleading and tended to deceive and mislead 
the purchaser.
On October 17, 1934, J. Earle Roberts, Philadelphia, Pa., having appeared 
as claimant, judgment of condemnation and forfeiture was entered, and 
it was ordered that the product be relabeled under the supervision of this 
Department, and released upon payment of costs by the claimant.
M. L. WILSON, Acting Secretary of Agriculture.