3313. Misbranding of canned fruit cocktail.   V. S. v. 800 Cases of Fruit Cocktail.
Consent decree of condemnation. Product ordered released under bond 
to be relabeled.   (F. D, C. No. 6672.   Sample No. 75813-E.)
This product was not of Fancy quality, as labeled.
On January 8,1942, the United States attorney for the District of Massachusetts 
filed a libel against 800 cases, each containing 48 cans, of fruit cocktail at Charles- 
town, Mass., alleging that the article had been shipped in interstate commerce on 
or about October 27, 1941, by Fruitvale Canning Co. of Oakland, Calif., from San
Francisco, Calif.; and charging that it was misbranded. It was labeled in part: 
(Cans) "Finest Brand Fancy Fruit Cocktail * * * Net Weight 1 Lb. 1 Oz, 
First National Stores Inc. Distributors Somerville, Mass."
The article was alleged to be misbranded in that the label statement "Fancy" 
was false and misleading as applied to an article that was not Fancy because it 
contained numerous pieces of peach and pear material of very irregular size, 
units which were blemished because of bruises and attached peel, and crushed 
grapes and grapes with cap stems.
On February 3, 1942, First National Stores, Inc., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond to be relabeled under the supervision of the 
Food and Drug Administration.
CANNED VEGETABLES
Nos. 3314 to 3316 report the seizure and disposition of canned green beans 
that were not of Fancy quality, as labeled, because the beans were too mature.