12555. Misbranding of   kumquat   preserves,   preserved   cherry   kumquats,   and
spiced kumquats.   17. S. v. 44 Jars, etc.    (F. D. C. No. 23554.   Sample Nos. 
83128-H to 83130-H, incl.)
LIBEL FILED :   August 8,1947, Western District of Kentucky.
ALLEGED SHIPMENT : On or about May 26, 1947, by the Wholesale Novelty Prod- 
ucts, Inc., from Arcadia, Fla.
PRODUCT: 44 jars of kumquat preserves, 33 jars of preserved cherry kumquats, 
and 42 jars of spiced kumquats, at Louisville, Ky.
LABEL IN PART : "Marse Chan Kumquats Preserves [or "Preserved Cherry Kum- 
quats," or "Spiced Kumquats"] Net Weight 16 ounces."
NATURE OF CHARGE: Misbranding, Section 403 (e) (2), the articles failed to 
bear labels containing an accurate statement of the quantity of the contents 
(The articles were short-weight.) ; and, Section 403 (f), the statement of the 
quantity of the contents was not prominently placed on the label with such 
eonspieuousness as to render it likely to be read by the ordinary individual 
under customary conditions of purchase and use (The statement was in small 
type and practically illegible.).
Further misbranding, Section 403 (a), the label designation "Preserves," 
with respect to the kumquat preserves, was false and misleading as applied 
to this article (The article was not a preserve, since it contained only 32 per- 
cent soluble solids.) ; and, Section 403 (i) (2), the cherry kumquats and spiced 
kumquats were fabricated from 2 or more ingredients, and their labels failed 
to bear the common or usual name of each such ingredient.
DISPOSITION : September 30, 1947. Default decree of condemnation. The prod- 
ucts were ordered delivered to a charitable institution, for consumption by 
its inmates.