10804. Misbranding of canned fruit cocktail.   U. S. v. 98 Cases   *    *    *.    (F. D. C.
No. 18662.    Sample No. 46608-H.)
LIBEL FILED :   January 8, 1946,  Eastern District of South Carolina.
ALLEGED SHIPMENT : On or about November 7, 1945, by the Drew Canning Co., 
from Alameda, Calif.
PRODUCT: 98 cases, each containing 24 1-pound, 13-ounce cans, of fruit cock- 
tail at Charleston, S. C.
LABEL IN PART :   "Drew   Fruit Cocktail   in Light Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (g) (1), the article failed to con- 
form to the definition and standard for canned fruit cocktail since, in the 
mixture of drained fruit, the article contained more than 50 percent by weight 
of pitted, peeled, and diced peaches, and less than 25 percent by weight of 
peeled, cored, and diced pears; and, Section 403 (a), the label vignette of an 
individual serving of fruit cocktail containing three halves of maraschino 
cherries, or about 12 percent of the fruit in the serving, was false and mis- 
leading since the article contained only about 2 percent of maraschino cherries.
DISPOSITION : February 28, 1946. I. M. Pearlstine and Sons, Charleston, S. C, 
claimant, having admitted that the product was misbranded, judgment of 
condemnation was entered and the product was ordered released under bond, 
conditioned that it be relabeled in compliance with the law, under the super- 
vision of the Food and Drug Administration.