18. Fruitcake.    (F.D.C. No. 48636.    S. No. 41-577 V.)
tiraTT:   17 eases, each containing 12   2-lb. cans, at Bronx, N.Y.
Nuts *  *  * Pure and Artificial Flavors, Sodium Propionate * * * Nectar
Foods, Inc., Newark, N.J."
RESULTS OF INVESTIGATION : Examination showed that the "nuts" as listed 
in the ingredient statement were not present. Organoleptic examination 
revealed no rum or brandy flavor. The mandatory information was in part 
inconspicuous due to the fact that the label was placed partly under the can 
lid, thereby concealing the manufacturer's name and address, quantity of 
contents statement, and list of ingredients.
LIBELED :    On or about 2-19-63, S. Dist. N.Y.
CHARGE: 403(a)—when shipped, the label statements "Rum and Brandy 
Flavored" and "Nuts" were false and misleading; and 403(f)—the informa- 
tion required to appear on the label under sections 403(e) (1) and (2), 403 
(i)(2), and 403(k), namely, the name and address of the manufacturer, 
packer, or distributor; the quantity of contents statement; the common or 
usual name of each ingredient; and the declaration of artificial flavoring 
and a chemical preservative, "was not prominently placed thereon with such 
conspieuousness (as compared with other words, statements, designs, or 
devices in the labeling) as to render it likely to be read by the ordinary 
individual under customary conditions of purchase and use.
DISPOSITION:   3-2^63.   Default—^destruction.