876. Adulteration of canned apricots.    U. S. v. 1,250 Cases of Canned Apricots
(and 4 other seizures of canned apricots). Default decree of condemna- 
tion and destruction. (F. D. C. Nos. 628, 1513, 1544, 1662, 1714. Sample Nos. 
18558-D, 71353-D, 98685-D, 7036-B, 15002-E.)
This product contained fragments of insects and insect larvae and other filth 
resulting from insect infestation.
Between September 22, 1939, and March 27, 1940, the United States attorneys 
for the Western District of New York, the District of Arizona, and the Eastern 
District of New York filed libels against 1,250 cases of canned apricots at 
Rochester, N. Y., 45 cases at Phoenix, Ariz., 31 cases at Brooklyn, N. Y., and 
10 cases at Tucson, Ariz., alleging that the article had been shipped by Val 
Vita Food Products, Inc. On March 19, 1940, a libel was filed in the Southern 
District of Iowa against 93 cases of canned apricots at Des Moines, Iowa, 
which had been shipped by Val Vita Food Products, Inc. It was alleged 
in the libels that the article had been shipped in interstate commerce within 
the period from on or about July 15, 1939, to on or about January 16, 1940, 
from FuUerton, Calif., and that it was adulterated in that it consisted in whole 
or in part of a filthy substance. It was labeled in part: "Solid Pack Pre Heated 
Apricots"; or "Val Vita Brand Whole Apricots."
On June 1, 8, and 26, and July 2 and 26, 1940, no claimant having appeared, 
judgments of condemnation were entered and the product was ordered destroyed.