13673. Adulteration of tomato paste and tomato puree and misbranding of canned
apricots and canned diced peaches and pears. U. S. v. Flotill Products, 
Inc. Plea of guilty. Fine, $5,000. (F. D. C. No. 20115. Sample Nos. 
73404-F, 73420-F, 85945-F, 5212-H, 5213-H, 8807-H, 25658-H, 25898-H, 
25899-H, 2S472-H, 29462-H, 47313-H, 47703-H.)
INDICTMENT RETURNED: September 12, 1946. Northern District of California, 
against Flotill Products, Inc., Stockton and Modesto, Calif.
ALLEGED VIOLATION : The defendant was charged with giving a false guaranty 
on or about June 21, 1944, to the American Factors, Ltd., of Honolulu, T. H 
This guaranty provided that all articles of food sold by the defendant to the 
American Factors, Ltd., would comply with the Federal Food, Drug, and Cos- 
metic Act. On or about November 10, 1944, the defendant delivered to the 
American Factors. Ltd., a number of cans of tomato puree which was adul- 
terated ; and on or about February 2,1945, the American Factors, Ltd., shipped 
the cans of tomato puree from San Francisco, Calif., to Honolulu, Territory of 
Hawaii.
In addition it was charged that during the period of July 25, 1944. to 
November 20,1945. the defendant shipped from the State of California into the       « 
States of Washington, Oklahoma,  Colorado, Pennsylvania, and New York,       f     L 
quantities of tomato paste and tomato puree which were adulterated, and 
canned whole apricots and apricot halves and canned diced peaches and pears 
which were misbranded.
LABEL IN PART:    "Flotta  Tomato  Paste,"   "Flotta   Tomato   Puree."   "Flotill 
Tomato Paste," "Flotill Whole Apricots In Heavy Syrup," "Flotta Unpeeled 
Halves Apricots In Light Syrup," or "Flotill Peaches and Pears Diced In        I     I 
Heavy Syrup." 
§     £
NATURE OF CHARGE: Tomato paste and tomato puree. Adulteration. Section 
402 (a) (3), the products consisted in part of a decomposed substance by 
reason of the presence of decomposed tomato material.
Whole apricots and halves. Misbranding, Section 403 (a), the label state- 
ments "In Heavy Syrup" on the canned whole apricots and "In Light Syrup" 
on the canned apricot halves were false and misleading since the whole
apricots were packed in light sirup and the apricot halves were packed in 
slightly sweetened water. Further misbranding, Section 403 (g) (2), the 
products purported to be and were represented as canned apricots, a food 
for which a definition and standard of identity has been prescribed by the 
regulations; and the label failed to bear as required by the regulations the 
name of the optional packing medium present in the food since the label of 
the whole apricots bore the statement "In Heavy Syrup," although the product 
was packed in light sirup, and the label of the apricot halves bore the statement 
"In Light Syrup," although the product was packed in slightly sweetened water. 
Diced peaches and pears. Misbranding, Section 403 (a), the label statement 
'"Diced" and the design depicting diced peaches and pears, displaced on the 
cans, were false and misleading since the product consisted of chopped peaches 
and pears.
DISPOSITION;    October  18,  1947.    A plea of guilty having been entered,  the 
defendant was fined $5,000.