425. Adulteration and misbranding of apple butter.    U. S. v. 12 Cases of Apple
Butter.    Default decree of condemnation and destruction.     (F. D. C. No.
1022.    Sample No. 83642-D.)
This product contained arsenic and lead. It also contained insects and 
insect fragments and was short of the declared weight.
On November 21, 1939, the United States attorney for the District of Oregon 
filed a libel against against 12 cases of apple butter at Ontario, Oreg., alleging 
that the article had been shipped in interstate commerce on or about Sep- 
tember 16, 1939, by Spring Valley Dairy Products Co. from Nampa, Idaho; 
and charging that it was adulterated and misbranded. It was labeled in part: 
(Jars)  "Spring Valley Brand Pure Apple Butter.    Net Wt. 32 Ozs."
The article was alleged to be adulterated in that it contained poisonous 
or deleterious substances, lead and arsenic, which might .have rendered it 
injurious to health. It was alleged to be adulterated further in that it con- 
sisted wholly or in part of a filthy substance.
It was alleged to be misbranded in that the statement on the label, "Net 
Wt. 32 Ozs.," was false and misleading since it was incorrect; and in that 
it was in package form and did not bear an accurate statement of the quantity 
of the contents.
On January 12, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
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