12106. Adulteration and misbranding of canned plums and misbranding of canned
peacbes.    NJ. S. v. 69 Cases, etc. (and 6 other seizure actions).    (P. D. C.
Nos. 22380, 22500, 22528 to 22531, incl., 22566.    Sample Nos. 39223-H, 40485-H, 
69703-H, 69910-H, 69911-H, 69919-H, 73411-H, 73433-H, 73434-H.)
LIBELS FILED : Between the dates of January 17 and February 27,1947, Northern 
District of Illinois, District of Minnesota, and Eastern District of Missouri.
ALLEGED SHIPMENT : Between the approximate dates of October 1 and November 
12,1946, by the Intermountain Foods Co., from Provo, Utah.
PRODUCT: 69 cases of canned peaches and 400 cases of canned plums at Chicago, 
111.; 36'5 cases of canned plums at Minneapolis, Minn.; and 318 cases of canned 
plums at St. Louis, Mo.   Each case contained 24   1-pound, 13-ounce Kans.
Yellow Freestone Halves Peaches in Heavy Syrup Packed by Colorado 
Mountain Food Co. Provo, Utah," or "Mellhorn Brand * * * Rocky 
Mountain Whole [or "Fancy Whole"] Unpeeled Purple Plums in Medium 
[or "Heavy"] Syrup."
NATURE OF CHARGE: Canned peaches. Misbranding, Section 403 (a), the label 
statement "Fancy Elberta Yellow Freestone Halves Peaches" was false and 
misleading as applied to this article, which was not of fancy grade.
Canned plums. Adulteration, Section 402 (b) (2), sirup had been substituted 
in part for plums. Misbranding (1 lot), Section 403 (a), the label designation 
"Whole Unpeeled Purple Plums" was false and misleading as applied to small 
yellow plums.
DISPOSITION : Between the dates of March 24 and May 5, 1947. Holleb & Co. 
and the John F. Lalla Co., of Chicago, Ill., and the Intermountain Food Co., 
having appeared as claimants for the various lots and having consented to the 
entry of decrees, judgments of condemnation were entered. The products were 
ordered released under bond, conditioned that they be relabeled in compliance 
with the law, under the supervision of the Federal Security Agency.