26369. Adulteration of  evaporated  apples.     U.   S.  v.  3  Boxes  and  9  Boxes  of
Evaporated Apples.    Default decrees of condemnation and destruction.
(F. & D. no. 37909.    Sample nos. 5628-C, 5631-C.)
This case involved evaporated apples that contained excessive moisture.
On July 23, 1936, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court libels praying seizure and condemnation of 12 boxes of evaporated apples 
at Cleveland, Ohio, alleging that the article had been shipped in interstate com- 
merce on or about June 17 and July 3, 1936, by M. O. Engleson & Co., from 
Williamson, N. "ST., and charging adulteration in violation of the Food and 
Drugs Act. The article was labeled in part: "Engleson Brand * * * Evap- 
orated Apples    *    *    *    Packed by M. O. Engleson & Co., Williamson, N. T."
The article was alleged to be adulterated in that a product containing exces- 
sive moisture had been substituted wholly or in part for evaporated apples, 
which the article purported to be.
On September 18, 1936, no claimant having appeared, judgment of condemna- 
tion were entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.