21898. Adulteration and misbranding of peaches.     U.  S. v. 500 Baskets of
Fresh     Peaches.     Default  decree   of forfeiture.     Product  ordered 
sold.     (F. & D. no. 30661.     Sample no. 39787-A.)
This case involved a shipment of peaches that were below the grades indicated 
on the baskets.
On June 23, 1933, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the dis-
trict court a libel praying seizure and condemnation of 500 baskets of peaches 
at Boston, Mass., alleging that the article had been shipped in interstate com- 
merce on or about June 17, 1933, by Britt & Co., from Thomaston, Ga., and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "1% inches" and "1% inches", 
respectively.
It was alleged in the libel that the article was adulterated in that peaches 
below the grades indicated on the labels had been substituted for it.
Misbranding was alleged for the reason that the statements on the labels, 
" 1% inches" and " 1% inches ", were false and misleading and deceived and 
misled the purchaser. Misbranding was alleged for the further reason that 
the article was sold under the distinctive name of another article.
On June 23, 1933, the court ordered the United States marshal to sell the 
peaches and pay the proceeds into court. On June 27, 1933, Sawyer & Co., Inc., 
Boston, Mass., filed an intervening petition and claim for commission, freight, 
etc. On June 28, 1933, a decree was entered sustaining the allegations of the 
libel. On September 5, 1933, a final decree was entered ordering that the claim 
of Sawyer & Co., Inc., be paid and the balance paid into the United States 
Treasury.
M. L. WILSON, Acting Secretary of Agriculture.