5217. Misbranding of candied fruit.    IT. S. v. 783 Baskets of Candied Fruit.    De¬
fault decree of condemnation.    Product ordered distributed'to welfare 
organizations.    (F. D. C. No. 9857.    Sample Nos. 37178^-F to 37180-F, incl.)
On April 22, .1943, the United States attorney for the District of Columbia filed 
a libel against 783 baskets of candied fruit at Washington, D. C, alleging that 
the article had been shipped in Interstate commerce within the period from on 
or about March 19 to 26, 1943, by the Seminole Fruit & Preserving Co., Inc., 
from Miami, Fla.; and charging that it was misbranded. The article was labeled 
in part: "Cobbs Pure Tropical Fruit Delicacies   *    *   •*   Net Wt. 1 Lb. [or
"oz."]."        . 
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The article was alleged to be misbranded (1) in that the statements "Net Wt.
1 Lb," or "Net Wt. 8 oz." were false and misleading as applied to articles that 
\ were short of the declared weights; and (2) in that it was in package form and 
' failed to bear a label containing an accurate statement of the quantity of the
contents.   Two of the lots were alleged to be misbranded further in that their
containers were so filled as to b& misleading, since in one of,the lots the bottom 
layer was not full and contained candied fruit of inferior quality when compared 
with the top layer, and, in the other lot, more than half the volume of the basket 
was occupied by paper.
On May 17,1943, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered distributed to welfare organizations.