1323. Adulteration and misbranding of dried prunes.    U. S. v. 1,000 Cases and
60O  Cases  of Dried  Prunes.    Default  decree  of condemnation and  de- 
struction.     (F. D. C. No. 1979.    Sample Nos. 33101-E, 33102-E.)
This product was decomposed as well as insect-infested. It was packed in 
cases labeled as containing canned peaches or earned pears and was consequently 
misbranded as indicated below.
On May 17, 19-10, the United States attorney for the Southern District of New 
York filed a libel against 1,600 cases of dried"prunes at New York, N.Y., 
alleging that the article had been shipped in interstate commerce on or about 
February 5 and March 14, 1940, by Mayfair Packing Co. from San Jose, Calif.; 
and charging that it was adulterated and misbranded.
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy and decomposed substance.
It was alleged to be misbranded in that the statements "72 8 Oz. Tins Paradise 
Brand Sliced Yellow Cling Peaches [or "B. B. Brand Bartlett Pears"] Packed 
by Bisceglia Brothers Canning Co. San Jose, Calif." were false and misleading 
since they were incorrect.
The article was alleged to be inisbrahded further in that it was in package 
form and did not bear the name and place of business of the manufacturer, 
packer, or distributor; it did not bear an accurate statement of the quantity 
of the contents; and did not bear the common or usual name of the food.
On June 28, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.