13565.  Adulteration  and  misbranding  of  apples.     TJ.   S.  v.  American  Fruit 
Growers, Inc.    Plea of guilty.     Fine, $50.      (F. & D. No. 16939.     I.  S.
No. 6084-t.)
On March 6, 1923, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the American Fruit Growers, Inc., trading at Lockport, N. Y., alleging ship- 
ment by said company, in violation of the food and drugs act, on or about 
May 3, 1922, from the State of New York into the State of Pennsylvania, of 
a quantity of apples which were adulterated and misbranded. The article was 
labeled in part: (Barrel) "Tip Top Brand York State Baldwins New York 
Standard A Vol. 3 Bu. Min. Size 2% in."
Examination of a sample-consisting of 4 barrels of the article, by the Bu- 
reau of Chemistry of this department, showed that the barrels contained a 
very large number of apples under 2% inches in diameter, and many apples 
were infested with insects.
Adulteration of the article was alleged in the information for the reason 
that apples of a lower grade and quality than New York Standard A and of 
less than 2% inches in diameter each had been substituted in part for New 
York Standard A apples of 2% inches in diameter, which the said article pur- 
ported to be.
Misbranding was alleged for the reason that the statement, to wit, "New 
York Standard A Min. Size 2% in.," borne on the barrels containing the 
article, was false and misleading, in that the said statement represented that 
the said barrels contained only New York Standard A apples of at least 2% inches 
in diameter each, and for the further reason that the article was labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that the 
barrels contained only New York Standard A apples of at least 2% inches in 
diameter each, whereas said barrels did not contain only New York Standard 
A apples of at least 2% inches in diameter each but contained in part apples 
of a lower grade and quality than New York Standard A apples and Con- 
tained in part apples of less than 2% inches in diameter each.
On April 10, 1923, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
R. W. DUNLAP, Acting Secretary of Agriculture.