14098. Misbranding of gift packages. U. S. v. 1,040 Packages.  (F. D. C. No. 25808.
Sample No. 31586-K.)
LIBEL FILED :    October 7,1948, Southern District of California.
ALLEGED SHIPMENT : On or about August 25,1948, by Martin Kay Food Products, 
Los Angeles, Calif.
PRODUCT: 1,040 gift packages at Wilmington, Calif. Each package contained 
1 can of preserves, 1 can of lemon drops, 1 can of mixed vegetables, 1 can of 
granulated sugar, and 2 cans of rice.
LABEL IN PART: "From an American Friend Kay's Brand Pure Pineapple 
Preserves Net Weight—9 Ounces [or "Mixed Vegetables Net Weight 7% 
Ounces," "Pure Granulated Sugar Net Weight—One Pound," or "White Pearl 
Rice Net Weight—One Pound"]."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label designation "Pine- 
apple Preserves" was false and misleading since the product consisted of plum 
preserves; and, Section 403 (e) (2), the rice, sugar, and mixed vegetables 
were in package form and failed to bear labels containing accurate statements 
of the quantity of the contents since the cans contained less than the labeled 
weights; and, Section 403 (i) (2), the lemon drops were fabricated from two 
or more ingredients, and the label failed to bear the common or usual name 
of each such ingredient.
DISPOSITION: October 19, 1948. Martin Kay, trading as Martin Kay Food 
Products, claimant, having consented to the entry of a decree, judgment of 
condemnation was entered and the product was ordered released under bond, 
to be relabeled under the supervision of the Food and Drug Administration.