9316. Misbranding of canned fruit cocktail.   U. S. v. 248 Cases of Canned Fruit
Cocktail.    Consent decree of condemnation.    Product ordered released 
under bond to be relabeled.    (F. D. C. No. 18676.    Sample No. 46606-H.)
LIBEL FILED :   On or about December 19,1945, Southern District of New York.
ALLEGED SHIPMENT :   On or about November 1, 1945, by W. J. Withers, Oakland,
Calif. 
PRODUCT:  248 cases, each containing 24  1-pound, 13-ounce cans, of fruit cocktail 
"   at New York, N. Y.   Examination showed that more than 20 percent by weight
of the peach and pear units were excessively small or large. 
LABEL IN PART :   "Pope Brand   Fruit Cocktail." 
NATURE OF CHARGE:   Misbranding, Section 403 (h)   (1), the product failed to
conform to the standard of quality for canned fruit cocktail since more than 20
percent by weight of the peach and pear units in the container failed to meet
the test for uniformity of size, as specified in the standard, and the product
was not labeled as being substandard. 
DISPOSITION:   January 24, 1946.   M. DeRosa, Inc., New York, N. Y., claimant,
having admitted the allegations of the libel, judgment of condemnation was 
'   entered and the product was ordered released under bond to be relabeled under
the supervision of the Food and Drug Administration.
DRIED FRUIT