25651. Alleged Adulteration of apples.     IT. S. v. W. E. Roche Fruit Co., a cor¬
poration.     Plea of not guilty.     Defendant found not guilty.     (F. & D.
no. 36093.    Sample no. 1388-B.)
Examination of the apples involved in this case showed the alleged presence 
of lead and arsenic in amounts that might have rendered them injurious to 
health.
On January 3, 1936, the United States attorney for the Eastern District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the W. E. Roche Fruit Co., a corporation, 
Yakima, Wash., alleging that on or about May 20, 1935, the defendant 
company shipped from the State of Washington into the State of Califor- 
nia a quantity of apples and that the apples were adulterated in violation 
of the Food and Drugs Act. The article was labeled in part: "Roche Fruit 
& Produce Co., Orchard run, 288."
The article was alleged to be adulterated in that it contained added poison- 
ous and deleterious ingredients, namely, arsenic and lead, in an amount that 
might have rendered said article injurious to health.
On May 8, 1936, a plea of not guilty was entered on behalf of the defendant 
company and a judgment of acquittal was entered.
W. R. GBEGG, Acting Secretary of Agriculture.