10618. Misbranding of   canned   fruit   cocktail.    IT.   S.   v.   398   Cases    *     *     *.
(F. D. C. No. 18056.    Sample No. 30780-H.)
LIBEL FILED :    On or about November 6,1946, District of Montana.
ALLEGED SHIPMENT: On or about October 5, 1945, by the Val Vita Food Co., 
San Francisco, Calif., and Hunt Foods, Inc., Hayward, Calif.
PRODUCT:   398 cases, each containing 24 cans, of fruit cocktail at Missoula, Mont.
LABEL, IN PART : "Val Vita Brand Fancy Fruit Cocktail In Light Syrup Net 
Contents 1 Lb. 13 Oz. Packed For Val Vita Food Co. San Francisco, 
California."
NATURE OF CHARGE: Misbranding, Section 403 (h) (2), the article purported to 
be and was represented as canned fruit cocktail, a food for which a standard 
of fill of container has been prescribed by the regulations, but it fell below 
such standard since there was not present in the container a fill such that the 
total weight of drained fruit was not less than 65 percent of the water capacity 
of the container, the minimum permitted by the standard; and its label failed 
to bear a statement that it fell below such standard.
DISPOSITION: April 1, 1946. Hunt Foods, Inc., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond for relabeling under the supervision of the 
Food and Drug Administration.