24319. Adulteration of apples.    F. S. v. 706 Boxes of Apples.     Consent de¬
cree of condemnation.    Product  released under bond.     (F. & D. no.
35115.    Sample  nos.  16009-B,  16010-B.)
Examination of the apples involved in this case showed the presence of lead 
in an amount that might have rendered them injurious to health.
On January 25, 1935, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 796 boxes of 
apples at Vernon, Calif., alleging that the article had been shipped in inter- 
state commerce on or about January 14, 1935, by the Lombard-Horsley Invest- 
ment Co., from Buena, Wash., and charging adulteration in violation of the 
Food and Drugs Act. The article was labeled in part: " Rome Beauty, B. P. 
& S. Company, Buena, Wash."
The article was alleged to be adulterated in that it contained an added 
poisonous or deleterious ingredient, lead, which might have rendered it in- 
jurious to health.
On January 29, 1935, the Lombard-Horsley Investment Co., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation was entered and it was ordered by the 
court that the product be released, conditioned that it would not be sold or 
otherwise disposed of in violation of the Federal Food and Drugs Act and all 
other laws.
M. L. WILSON, Acting Secretary of Agriculture.