22943. Misbranding of canned apricots. U. S. v. 52 Cases of Canned Apri- 
cots. Decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. no. 33007.    Sample no. 73543-A.)
This case involved a shipment of canned apricots in which the liquid portion 
was found to contain insufficient sugar to bring the article up to the standard 
established by this Department, and which was not labeled to indicate that it 
was substandard.
On June 26, 1934, 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 52 cases of canned 
apricots at Bellingham, Wash., alleging that the article had been shipped in 
interstate commerce, on or about September 12, 1933, by the Campbell Packing 
Corporation, from Campbell, Calif., and charging misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: " W. G. 
Brand Apricots * * * Packed For Washington Grocery Co.,. Bellingham, 
Washington."
The article 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, and its package or label did not bear a plain and conspicuous 
statement prescribed by regulation of this Department, indicating that it fell 
below such standard.
On August 6, 1984, the National Grocery Co., Bellingham, Wash., having 
appeared as claimant, judgment of condemnation and forfeiture was entered, 
and it was ordered that the product be released to the claimant upon payment 
of costs and the deposit of cash collateral in the sum of $150, conditioned that 
it should not be sold or disposed of contrary to the Federal Food and Drugs Act 
and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.