877. Misbranding of canned apricots and peaches.    V. S. v. 30 Cases of Canned
Apricots and 40 Cases of Canned Peaches. Default decree of condemna- 
tion and destruction. (F. D. C. Nos. 985, 986, 987. Sample Nos. 58102-D, 
58103-D, 58104-D.)
These products were substandard—the apricots, because the fruit was not in 
unbroken halves but was crushed, ragged, and broken into small fragments and 
was excessively trimmed; and the peaches, because the fruit was not normally 
colored, normal-sized, or uniform but consisted of broken, crushed, ragged, and 
excessively trimmed halves and some cans contained sliced peaches instead of 
halves as indicated on the label.
On November 18, 1939, the United States,attorney for the District of Arizona 
filed a libel against 30 cases of canned apricots and 40 cases of canned peaches 
at Tucson, Ariz., alleging that the articles had been shipped in interstate com- 
merce on or about June 17,1939, by Val Vita Food Products, Inc., from FuUerton, 
Calif.; and charging that they were misbranded. The articles were labeled 
in part: "Villa Var Brand Solid Pack Pie Apricots [or "Yellow Cling Peaches" 
or "Sliced Yellow Cong Peaches"]."
The articles were alleged to be misbranded in that they were canned foods 
and fell below the standard of quality and condition, promulgated by the Secre- 
tary of Agriculture and their packages or labels did not bear plain and con- 
spicuous statements prescribed by the Secretary of Agriculture indicating that 
they fell below such standard.
The peaches were alleged to be misbranded further in that the statements 
"Solid Pack Pie Yellow Cling Peaches," and the vignette,of a dish of.unbroken 
halves with respect to a portion, and the statement "Solid Pack Pie Sliced 
Yellow Cling Peaches" and the vignette of a dish of sliced peaches with respect 
to the remainder were false and misleading as applied to substandard 
peaches, some of the cans in the former instances containing sliced peaches in-
stead of halves and some of the cans in the latter instance containing halves 
instead of slices.
On February 5, 1940, no claimant having appeared, judgment of condemna- 
tion was entered and the products were ordered destroyed.