5812. Adulteration of fruit eake. IT. S. v. 66 Cartons of Fruit Cake and 500 2-Pound and 40 4-Pound Fruit Cakes. Default decrees of condemna- tion. Product ordered destroyed. (F. D. C. Nos. 11509, 11510. Sample Nos. 50231-F, 50232-F, 66202-F.) LIBELS FILED : December 28 and 29, 1943, District of New Jersey and Northern District of Ohio. ALLEGED SHIPMENT : From on or about November 12 to 24, 1943, by the Five-Boro Baking Co., Long Island City, N. Y. PRODUCT: 66 cartons, each containing 1 4-pound fruit cake, and 500 2-pound and 40 4-pound fruit cakes at Jersey City, N. J., and Youngstown, Ohio. "LABEL IN PART: "Colonial De Lux [or "Old Fashioned"] Fruit Cake Distribu- ted by the Mack-Murray Co., New York, N. Y." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance by reason of the presence of mold. DISPOSITION : March 14 and June 17, 1944. No claimant having appeared, judg- ments of condemnation were entered and product was ordered destroyed,