9538. Adulteration and misbranding of diced, glazed fruit.    U. S. v. 89 Cases of
Diced Glazed Fruit (and 4 other seizure actions against diced, glazed 
fruit). Decrees of condemnation. One lot ordered released under bond; 
two lots ordered delivered to a Federal penitentiary; remainder ordered 
destroyed. (F. D. C. Nos. 17432, 17689, 17690, 18511, 19299. Sample Nos. 
'    21117-H, 21124-H, 21669-H, 36592-H, 37456-H.)
LIBELS FILED : September 7, October 1 and 8, and December 10,1945, and March 
6, 1946, Eastern and Western Districts of Qklahoma, Northern District of 
Illinois, and Western District of Washington. 
>
ALLEGED SHIPMENT :   Between the approximate dates of July 24 and August 29,
1945, by the Chicago Smoked Fish Co.., from Chicago, Ill., and Muskogee, Okla.
PRODUCT:   Diced, glazed fruit.   89 cases, each containing 12 jars, at Muskogee,
Okla.; 3 cases, each containing 24 jars, at El Reno, Okla.; 48 cases, each con-
x   taining 24 jars, at Chicago, Ill.; and 3,213 jars, and 719 cases, each containing
12 jars, at Seattle, Wash.
Examination showed that the Muskogee lot consisted essentially of diced, 
candied fruit peel with very few cherries, and that it was short-weight; that
the other lots contained filth, such as rodent hairs, insects, mites, or insect 
fragments; and that the Seattle lots were also short-weight.
LABEL IN PART: (Muskogee lot) "Little Women Diced Glazed Fruit * * * 
Net Weight 8 Oz. [or "16 Oz."] Packed by Golden America Food Prod. Co., 
Chicago, Ill."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), all lots, with the excep- 
tion of the lot at Muskogee, consisted in whole or in part of filthy substances. 
Misbranding, Section 403 (a), the designation of the lot at Muskogee, "Diced 
Glazed Fruit," was false and misleading as applied to the article, which con- 
sisted essentially of diced fruit peel; and, Section 403 (e) (2), the lots at 
Muskogee and Seattle failed to bear labels containing an accurate statement 
of the quantity of the contents.
DISPOSITION : October 23 and November 20, 1945, and January 7, April 4, and 
May 31, 1946. The sole intervener in the Chicago case, and the Chicago 
Smoked Fish Co., claimant for the lot at Muskogee, having consented to the 
entry of decrees, and no claimant having appeared for- the other lots, judg- 
ments of condemnation were entered. It was ordered that the Muskogee lot 
be released under bond to' be brought into compliance with the law, under the 
supervision of the Federal Security Agency; that the Seattle lots be delivered 
to a/Federal penitentiary; and that the other lots be destroyed.