10421. Adulteration of aprieot pulp and misbranding of canned apricots.    U. S.
v. 263 and 248 Cases    *    *    *.    (P. D. C. Nos. 22169, 22331.    Sample Nos. 
51498-H, 64757-H.)
LIBELS FILED : December 28, 1946, and January 13, 1947, District of Minnesota 
and Southern District of New York.
ALLEGED SHIPMENT : The apricot pulp was shipped on or about September 17, 
1946, and the canned apricots were shipped on or about October 11, 1946, by 
Colo-Flavor Products, Inc., from Palisade, Colo.
PRODUCT: 263 cases, each containing 6 6-pound, 8-ounce cans, of apricot pulp 
at New York, N. Y., and 248 cases, each containing 6 6-pound, 8-ounce cans 
of apricots at Minneapolis, Minn. Examination showed that the apricot pulp 
was undergoing progressive decomposition, and that the canned apricots were 
blemished with scab and hail injury.
LABEL IN PART : "La Salle Apricot Pulp * * * Distributed By John Sexton 
& Co. Chicago, Ill.," or "Colo-Mesa Tree Ripened Whole Unpitted Apri- 
cots   Packed in Light Syrup."
NATURE OF CHARGE: Apricot pulp, adulteration, Section 402 (a) (3), the article 
consisted in whole or in part of a decomposed substance.
Canned apricots, misbranding, Section 403' (h) (1), the article fell below 
the prescribed standard of quality for canned apricots since more than 20 
percent of the units in each container were blemished.
DISPOSITION : January 27 and February 5, 1947. The Aslesen Co., Minneapolis, 
Minn., having appeared as claimant for the lot of canned apricots and having 
consented to the entry of a decree, and no claimant having appeared for the 
lot of apricot pulp, judgments of condemnation were entered. It was ordered 
that the lot of canned apricots be released under bond for relabeling under 
the supervision of the Federal Security Agency. The lot of apricot pulp was 
ordered destroyed.