29240. Misbranding of canned apricots.    U. S. v. 50 Cases of Apricots.     Consent
decree of condemnation.     Product released under bond to be relabeled.
(F. & D. No. 42471.    Sample No. 23335-D.)
This product fell below the standard for canned apricots because of excessive 
crushed and soft pieces, and it was not labeled to indicate that it was 
substandard.
On May 25, 1938, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 50 cases of canned 
apricots at Tacoma, Wash.; alleging that the article had been shipped in inter- 
state commerce on or about April 27, 1938, from San Francisco, Calif., by the 
F. G. Wool Packing Co.; and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Gold Crest Brand Compote Cali- 
fornia Apricots * * * Napa Canning Company * * * San Francisco, 
Cal."
It was alleged to be misbranded in that it was canned food and fell below the 
standard of quality and condition promulgated by the Secretary of Agriculture, 
since it contained excessive crushed and soft pieces and its package or label 
did not bear a plain and conspicuous statement prescribed by the Secretary 
indicating that it fell below such standard.
On August 1, 1938, Alaska Distributors, Inc., Tacoma, Wash., claimant, hav- 
ing consented to the entry of a decree, judgment of condemnation was entered 
and the product was ordered released under bond for relabeling in conformity 
with the law.
HARRY L. BROWN, Acting Secretary of Agriculture.