28663. Adulteration and misbranding of canned prunes.    U. S. v. 647 Cans and
497 Cans of Prunes. Consent decree of condemnation. Product ordered 
released under bond for relabeling. (F. & D. Nos. 41670, 41671. Sample 
Nos. 1857-D, 1858-D.)
This product was labeled "4-Hl," a designation that indicates 4 parts of fruit 
to 1 part of dry sugar. It contained a smaller proportion of sugar than that 
indicated, and also added water.
On February 10, 1938, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court libels praying seizure and condemnation of 1,144 cans of prunes at Cleve- 
land, Ohio, alleging that the article had been shipped in interstate commerce on 
or about September 28 and October 2, 1937, by the Sunshine Packing Corpora- 
tion from Erie, Pa., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: "Italian Prunes 
4_=_1   *    *    *   Packed By Sunshine Packing Corp. North East, Pa."
It was alleged to be adulterated in that a substance containing less sugar than 
was indicated in the labeling, and added water, had been substituted wholly or 
in part for the article.
The article was alleged to be misbranded in that the statement "4-KL" was 
false and misleading and tended to deceive and mislead the purchaser when 
applied to an article containing less than 20 percent of sugar, and containing 
added water.
On March 1, 1938. the libels having been consolidated, and the Sunshine 
Packing Corporation having appeared, having admitted the allegations con- 
tained in the libels, and having consented, judgment of condemnation was 
entered and the product was ordered released under bond for relabeling.
"W. R. GEEGG, Acting Secretary of Agriculture.