10520. Adulteration of Fruit Nut Bar   (cake)   and misbranding of fruit cake.
U. S. v. 149 Cases and 39 Cases of Fruit Nut Bar and 500 Cases of Fruit 
Cake. (F. D. C. Nos. 18540, 18541, 19132. Sample Nos. 33650-H, 33660-H, 
56317-H.)
LIBELS FILED :, December 6, 1945, on or about December 11, 1945, and February 
12,1946, Western District of Oklahoma.
ALLEGED SHIPMENT: Between the approximate dates of July 24, 1945, and Oc- 
tober 12, 1945, by the Honey Krust Bakery Co., from Kilgore, Tex.
PRODUCT: 188 cases each containing 30 14-ounce fruit nut bars and 500 cases, 
each containing 12 2-pound tins, of fruit cake at Oklahoma City, Okla. Ex- 
amination showed that the fruit cake was short-weight and that the Fruit Nut 
Bars contained filth.
LABEL IN PART : "Honey Krust Fruit Nut Bar," or "2 Lb. Honey Krust * * * 
Holiday     Fruit Cake."
NATURE OE CHARGE : Fruit Nut Bar, adulteration, Section 402 (a) (3), the prod- 
uct consisted in whole or in part of a filthy substance by reason of the presence 
of (in a portion) beetles, larvae, and cast skins, and (in the remainder) insect 
excreta and webbing.
Fruit cake, misbranding, Section 403 (e) (2), the product failed to bear labels 
containing an accurate statement of the quantity of the contents.
DISPOSITION: On January 9 and March 20, 1946', no claimant having appeared 
for the Fruit Nut Bar, judgments of condemnation were entered and the prod- 
uct was ordered destroyed. On February 21,1946, the Honey Krust Bakery Co. 
having appeared as claimant for the fruit cake, judgment was entered ordering 
the product released under bond to be relabeled under the supervision of the 
Food and Drug Administration.