10805. Misbranding of canned fruit cocktail.   U. S. v. 98 Cases   *   *    *.    (F. D. C.
No. 18345.   Sample No. 30782-H.)
LIBEL FILED :   November 7,1945, District of Nebraska.
ALLEGED SHIPMENT : On or about October 13, 1945, by National Retailer-Owned 
Grocers, Inc from Oakland, Calif. .
Drew Canning Co.   Campbell, Santa Clara County, California  [vignette of
cherries in individual serving]."
NATURE OF CHARGE: Misbranding, Section 403 (g) (1), the article failed to 
conform to the definition and standard of identity for canned fruit cocktail. 
The regulations require that canned fruit cocktail contain not more than 50 
percent by weight of pitted, peeled, and diced peaches, and not less than 25 
percent by weight of peeled, cored, and diced pears (together with specified 
quantities of grapes, pineapple, and cherries). The article contained a larger 
percentage of peaches and a smaller percentage of pears than required by the 
regulations.
Further misbranding, Section 403 (a), the vignette on the label depicting an 
individual serving of fruit cocktail containing three halves of maraschino 
cherries, or about 12 pereent of the fruit in the serving, was false and mis- 
leading since the article contained only about 2 percent of maraschino cherries.
DISPOSITION : December 31, 1945. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered delivered to charitable 
institutions.