21444. Misbranding of canned apricots. U. S. v. 14 Cases of Canned 
Apricots. Decree of condemnation and forfeiture. Product 
ordered   sold   unless   taken   down   nnder   bond   for   relabeling.
(F.  & D.  nos.  30532,  30556.     Sample  nos.  42027-A,  42040-A.)
This case involved a shipment of a product represented to be solid-pack 
canned apricots. Examination showed that the article was not solid pack, 
since it contained water as a packing medium, that it fell below the standard 
for such canned food established by this Department, and was not labeled to 
indicate that it was substandard.
On June 19, 1933, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 14 cases of canned apricots at 
Cheyenne, Wyo., alleging that the article had been shipped in interstate 
commerce, on or about April 27, 1933, by the Western States Grocery Co., from 
Salt Lake City, Utah, and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Gateway Brand 
Solid Pack Pie Apricots    *    *   *   Packed by Perry Canning Co., Perry, Utah."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Solid Pack ", was false and misleading and deceived and 
misled the purchaser. Misbranding was alleged for the further reason that 
the article was canned food and fell below the standard of quality and condi- 
tion promulgated by the Secretary of Agriculture for such canned food, as 
regards color, uniformity of size, and wholeness, and its package or label did not 
bear a plain and conspicuous statement prescribed by regulation of this De- 
partment indicating that it was substandard.
On August 14, 1933, no claim having been entered for the property, judgment 
of condemnation and forfeiture was entered. The decree provided that, upon 
proof of ownership, the product be delivered to the owner upon payment of 
costs and the execution of a bond in the sum of $100, conditioned that it be 
relabeled in conformity with the Federal Food and Drugs Act, otherwise that it 
be sold by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.