12108. Misbranding of canned Fruit Mix and canned peach halves.    U. S. v. 310
Gases    *    *    *     (and 1 other seizure action).    (F. D. C. Nos. 22709, 22711. 
Sample Nos. 62587-H, 62589-H.)
LIBELS FILED :   March 18; 1947, Eastern District of Pennsylvania.
ALLEGED SHIPMENT: On or about February 4, 1947, by Hunt Foods, Inc., from 
Oakland, Calif.
PRODUCT: 310 cases, each containing 24 1-pound, 14-ounce cans, of fruit labeled 
"Fruit Mix" and 919 cases, each containing 24 1-pound, 13-ounce cans, of fruit 
labeled "Peach Halves," at Philadelphia, Pa. The "Fruit Mix" failed to con- 
form to the standard for fruit cocktail, and a portion of the product labeled 
"Peach Halves" consisted of fruit cocktail.
LABEL, IN PART: "Hunt's Fruit Mix in Heavy Syrup—Halved Cherries arti- 
ficially colored red—Diced Yellow Cling Peaches, Diced Pears, Whole Seedless 
Grapes, and Halved Modified Cherries," or "Hunt's Yellow Cling Peach Halves 
in Heavy Syrup."
NATUBOH OF CHARGE: Misbranding, Section 403 (g) (1), the lot labeled "Fruit 
Mix" purported to be canned fruit cocktail and failed to conform to the 
definition and standard of identity for fruit cocktail, since it contained, in the 
drained fruit, more than the maximum of pitted, peeled, and diced peaches 
(50 percent by weight) prescribed by the standard; it contained no pine- 
apple, an ingredient specified in the standard, and the cherry ingredient was 
not cut into approximate halves, as required by the standard.
Further misbranding, Section 403 (a), the label designation "Yellow Cling 
Peach Halves in Heavy Syrup" on a portion of the cans of "Peach Halves" was 
false and misleading as applied to canned fruit cocktail.
DISPOSITION : June 5,1947. Hunt Foods, Inc., Oakland, Calif., having appeared 
as claimant for both lots, judgments of condemnation were entered and the 
products were ordered released under bond, conditioned that they be relabeled 
to conform with the law, under the supervision of the Food and Drug Ad- 
ministration.