13299. Adulteration and misbranding of frozen red raspberries.    IT.  S. v. 310
Cases    *    *    *.   (F. D. C. No. 20794.   Sample. 58345-H.)
LIBEL FILED:    September 9, 1946, Southern District of New York.
ALLEGED SHIPMENT : On or about July 15, 1946, by the Midfield Packers, from 
Olympia, Wash.
PRODUCT: 310 cases, each containing 24 16-ounce cartons, of frozen red rasp- 
berries at New York, N. Y.
LABEL IN PART :    "Moon Winks Red Raspberries in Syrup   Net Wt. 16 oz."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), water, or water and 
sugar, had been substituted in part for raspberries.
Misbranding, Section 403 (d), the container was so filled as to be misleading 
since the cartons appeared to contain more raspberries than was actually the 
case. (Examination showed that the cartons contained approximately 9 
ounces of raspberries and 7 ounces of sugar solution, whereas the cartons 
would hold at least 12 ounces of raspberries and 4 ounces of sugar or sugar 
solution without overfilling or bulging the carton when frozen. Good com- 
mercial practice dictates the use of not less than 12 ounces of raspberries per 
1-pound carton.)
DISPOSITION: On January 31, 1947, Musante, Berman & Steinberg Co., Inc., 
Bridgeport, Conn., claimant, having admitted the allegations of the libel, 
judgment of condemnation was entered and the product was ordered released 
under bond, conditioned that it be manufactured into jams and preserves. 
On May 23,1947, the decree was amended to provide for relabeling the product 
instead of disposing of it as provided in the decree of January 31, 1947.