8036. Misbranding of canned apricots.    U. S. v. 398 Cases of Canned Apricots.
Consent decree of condemnation. Product ordered released under bond 
to be relabeled.    (F. D. C. No. 13964.   Sample No. 73483-F.)
LIBEL FILED:    October 17, 1944, Western District of Washington.
ALLEGED SHIPMENT: On or about September 14, 1944, by the Modern Marketing 
Service, Inc., from Oakland, Calif.
PRODUCT: 398 cases, each containing 24 1-pound, 14-ounce cans, of apricots at 
Tacoma, Wash.
LABEL IN PART: "Ampcat Brand Unpeeled Halves Apricots In Extra Heavy 
Syrup."
VIOLATION CHARGED: Misbranding, Section 403 (g) (2), the article failed to bear, 
as required by the regulations, a label stating the name of the optional packing 
medium present in the article, since the label bore the statement "In Extra 
Heavy Syrup," whereas the article was packed in sirup designated in the 
regulations as "Heavy Sirup."
DISPOSITION : December 11,1944. The West Coast Grocery Co., Tacoma, Wash., 
claimant, having consented to the entry of a decree, 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.