15787. Misbranding of canned pumpkin.   U. S. v. 895 Cases   *    *    *.    (F. D. C.
No. 28600.    Sample No. 75418-K.)
LIBEL FILED :   December 22, 1949, District of Colorado.
ALLEGED SHIPMENT : On or about December 7, 1949, by the Bitter Boot Canning 
Co., from Hamilton, Mont.
PRODUCT: 895 cases, each containing 6 unlabeled cans, of pumpkin at Denver, 
Colo.
NATURE OF CHARGE: Misbranding, Sections 403 (e) (1) and (2), the product 
failed to bear a label containing the name and place of business of the manu- 
facturer, packer, or distributor, and an accurate statement of the quantity of 
the contents; and, Section 403 (i) (1), the product failed to bear a label contain- 
ing the common or usual name of the food. (No valid agreement for relabeling 
existed between the consignor and consignee.)
DISPOSITION : February 24, 1950. Meyer Levy, claimant, having consented to 
the entry of a decree, judgment of condemnation was entered and the court 
ordered that the product be released under bond to be properly labeled and 
reprocessed, under the supervision of the Food and Drug Administration. The 
product was brought into compliance with the law by the segregation and 
destruction of 158 cases and 2 cans, which were leakers or otherwise abnormal. 
The remaining cases were relabeled in compliance with the law. (Editor's 
note: In addition to being misbranded, a portion of the product was decom- 
posed.)