4459. Misbranding of apple butter.    IT.   S. v. 37 Cases and 50 Cases of Apple
Butter.    Default decree of condemnation and destruction.    (F. D. C. No.
8567.    Sample No's. 14224-F, 14225-F.)
This product was insufficiently concentrated and was short weight.
On October 22, 1942, the United States attorney for the District of Arizona 
filed a libel against 37 cases, each containing 24 2-pound cans, and 50 cases, 
each containing 6 No. 10 cans, of apple butter at Phoenix, Ariz., alleging that the 
article had been shipped in interstate commerce on or about April 6, 1942, by 
the Delta County Canning Co. from Delta, Colo.; and charging that it was mis- 
branded. The article was labeled in part: (Cans) "Town Talk * * * Apple 
Butter-* *¦ * Packed for The Stone-Hall Co., Denver, Colo.," or "Town 
Talk Apple Butter   *   *   *   Special Hotel Pack." ^   ¦.-
" '
The article was alleged to be misbranded (1) in that the name "Apple 
Butter" was false and misleading since it'did not comply with the definition, and 
standard of identity for apple butter prescribed by regulations promulgated 
pursuant to law; (2) in that the statements, "Contents 2 lbs," and "Net Con- 
tents 7 lbs. 3 oz./' were false and misleading as applied to an article that was 
short weight; (3) in that it was food in package form and its label failed to 
bear an accurate statement of the quantity of the contents; and (4) in that 
it purported to be and was represented as a food which a definition and standard 
of identity had been prescribed by regulations promulgated pursuant to law and 
it failed to conform to such definition and standard since it had not been concen- 
trated by heat to such point that the soluble solids content of the finished prod- 
> uct was not less than 43 percent as required by such regulations. 
} On November 18, 1942, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
MEAT AND POULTRY