14023. Misbranding of canned blackberries.   U. S. v. 35 Cases   *   *   *   (F. D. C.
No. 25730.   Sample Nos. 28599-K, 29610-K.) 
LIBEL FILED :    November 3,1948, District of Colorado. 
ALLEGED SHIPMENT:    On or about April 1, 1948, by the Oregon Fruit Products
Co., from Salem, Oreg. 
PRODUCT:   35 cases, each containing 48   11-ounce cans, of blackberries at Denver,
Colo. 
LABEL IN PART:    "Oregon Fruit Products   Blackberries   Fancy Quality   Net
Contents 11 Ounces Avd." 
NATURE OF CHARGE:    Misbranding, Section 403 (a), the label statement on the
cans "Fancy Quality" was false" and misleading as applied to an article which
was not fancy grade, but consisted of a considerable percentage of very small
berries which were not well ripened and which had tough cores and drupelets
not well developed. 
DISPOSITION:    December 7, 1948.   The Oregon Fruit Products Co., claimant,
having consented to the entry of a decree, judgment was entered finding the
product misbranded and ordering it released under bond for relabeling, under
the supervision of the Federal Security Agency.