6335. Misbranding of canned eggplant appetizer.   IT. S. v. 300 Cases of Egg Plant
Appetizer.   Decree ordering product released under bond to be relabeled.
(F. D. C. No. 10938.   Sample No. 13985-F.)
LIBEL FILED :    October 13,1943, Southern District of California.
ALLEGED SHIPMENT: On or about July 30, 1943, by the Uddo & Taormina Co., 
from Crystal Springs, Miss.
PRODUCT: 300 cases, each containing 48 cans, of eggplant appetizer at Los An- 
geles, Calif.
LABEL, IN PART: (Can) "Progresso Net Contents 9 Ozs. Avoir. Egg plant Ap- 
petizer   *   *   *   Caponata"
VIOLATIONS CHARGED : Misbranding, Section 403 (a), the statement "Net Contents 
9 Ozs. Avoir." was false and misleading as applied to an article that was short 
weight; and, Section 403 (e) (2), it was in package form and the label failed 
to bear an accurate statement of the quantity of the contents.
DISPOSITION : November 1, 1943. The Uddo & Taormina Co. having appeared 
as claimant, judgment was entered ordering that the product be released under 
bond to be relabeled under the supervision of the Food and Drug Administra- 
tion.