8037. Misbranding of canned apricots.    U. S. v. 248 Cases of Canned Apricots.
Consent decree of condemnation.    Product ordered released under bond.
(F. D. C. No. 14045.   Sample No. 73466-F.)
LIBEL FILED :   October 16,1944, Eastern District of Virginia.
ALLEGED SHIPMENT :   On or about September 28, 1944, by the Stokely Bros, and
Co., Inc., from Oakland, Calif. 
PRODUCT:   248 cases, each containing 24 cans, of apricots, at Norfolk, Va.   This
product was labeled as being packed "in Heavy Syrup," whereas it was packed
in light sirup.
LABEL IN PART :   "Stokely's Finest Halves   Unpeeled Apricots in Heavy Syrup."
VIOLATION CHARGED:   Misbranding, Section 403 (g)  (2), the product purported
to be and was represented as canned apricots, a food for which a definition
and standard of identity has been prescribed by regulations, and its label
failed to bear, as the regulations require, the name of the optional packing 
medium. 
DISPOSITION: February 28, 1945. The claimant having filed an answer and the 
court having found from consideration of the answer that a portion of the 
product was misbranded, judgment of condemnation was entered and the 
product was ordered released under bond for relabeling under the supervision 
of the Food and Drug Administration.