29131. Misbranding of canned apricots.    TJ. S. v. 63 Cases of Canned Apricots.
Consent decree of condemnation. Product ordered released under bond 
for relabeling.     (F. & D. No. 41887.    Sample No. 14896-D.)
This product was not normally colored, and the units were blemished, were 
not uniform, and were not in unbroken halves. It was misbranded because it 
was not labeled to indicate that it was substandard and because its label bore 
the design of uniform apricot halves.
On March 5, 1038, the United States attorney for the District of Montana, act- 
ing upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 63 cases of canned apricots at Butte, 
Mont.; alleging that the article had been shipped in interstate commerce on or 
about October 11, 1937, from Sonoma, Calif., by Forest J. Maynard; and charg- 
ing misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: "Garden Brand Water Pack Apricots * * * Packed For 
International Brokerage Co., Seattle—Minneapolis."
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 since it consisted of fruit that was not normally colored, the units 
of which were not normal or of uniform size, the fruit being blemished and not 
in unbroken halves, and its package or label did not bear a plain and conspicuous 
statement prescribed by the Secretary of Agriculture indicating that it fell be- 
low such standard. It was alleged to be misbranded further in that its label 
bore a design of apricot halves, which design was false and misleading when 
applied to an article of canned food that was substandard.
On June 16, 1938, Forest J. Maynard Co., San Francisco, Calif., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation was entered and the product was ordered 
released under bond conditioned that it be relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.