1335. Adulteration  and misbranding of  inert.    U.   S.  v.  189  Cases  of  Pear
overt and 181 Cases of Peach prudent.     Default decree of condemna- 
tion and destruction.     (F. D. C. No. 2267.    Sample Nos. 9466-E, 9467-E.)
These products were labeled to indicate that they were 100 percent fruit 
products; whereas they contained added water, sugar, and starch.
On June 25, 1940, the United States attorney for the Eastern District of 
Louisiana filed a libel against 189 cases of Pear overt and 181 cases of Peach 
inert at New Orleans, La., alleging that the articles had been shipped in 
interstate commerce on or about February 7, 1940, by the General Sales Co. 
from San Francisco, Calif.; and charging that they were adulterated and mis- 
branded. The article was labeled in part: "Pear [or "Peach"] inert * * * 
Prepared by The FruZert Company Richmond, Calif."
The articles were alleged to be adulterated in that mixtures of fruit, water, 
sugar, and starch had been substituted wholly or in part for "FruZert, a 
preparation * * * made from ripe pears [or "peaches"]"; in that inferi- 
ority had been concealed through the addition of water, sugar, and starch; and 
in that water, sugar, and starch had been added thereto, or mixed or packed 
therewith so as to make them appear better or of greater value than they were.
The articles were alleged to be misbranded in that the statements, "Pear 
overt A Preparation * * * Made From Ripe Pears" and "Peach inert 
A Preparation * * * Made From Ripe Peaches," were false and misleading 
in that they implied 100 percent fruit products; and in that they were fab- 
ricated from two or more ingredients and their labels did not bear the common 
or usual name of each ingredient -j 
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On September 24, 1940, no claimant having appeared, judgment of condemna- 
tion was entered and the products were ordered destroyed.