12924. Misbranding of canned fruit cocktail.    V. S. v. 373 Cases, etc.     (F. D. C.
No. 22744.    Sample Nos. 62591-H, 62592-H.)
LIBEL FILED :    March 31,1947, District of Maine.
ALLEGED SHIPMENT : On or about February 19, 1947, by the United States Prod- 
ucts Corporation, Ltd., from San Jose, Calif.
PRODUCT: 373 cases, each containing 24 1-pound, 14-ounce cans, and 271 cases, 
each containing 6   6-pound, 12-ounce cans, of fruit cocktail at Portland, Maine.
LABEL IN PART : "Superba Fruit Cocktail," and "Milliken Tomlinson Com- 
pany's Superba Brand   Fruit Cocktail."
NATURE OF CHARGE: Misbranding, Section 403 (g) (1), the article failed to con- 
form to the definition and standard of identity for canned fruit cocktail, since 
it contained in the mixture of drained fruit more than 50 percent by weight of 
pitted, peeled, and diced peaches, the maximum permitted by the standard, and 
less than 6 percent of whole grapes, the minimum permitted by the standard. 
Further misbranding, Section 403 (h) (2), the article fell below the standard 
of fill of container for canned fruit cocktail, which standard provides that the 
total weight of the drained fruit is not less than 65 percent of the weight of 
water required to fill the container; and its label failed to bear a statement that 
it fell below the standard of fill of container.
DISPOSITION : October 24, 1947. The United States Products Corporation, Ltd., 
claimant, having admitted the allegations of the libel, judgment of condemnation 
was entered and the product was ordered released under bond for the relabeling 
or the refilling of the containers, or, otherwise, for the reprocessing of the 
product, so that it would comply with the requirements of the law, under the 
supervision of the Federal Security Agency.