21965. Adulteration and misbranding of dried peaches.    U. S. v. 75 Cases
and 50 Cases of Dried Peaches. Decrees of condemnation. Prod- 
uct released under bond. (F. & D. nos. 31887, 31888. Sample no. 
39409-A.)
These cases involved shipments of dried peaches which contained unde- 
clared sulphur dioxide, and a portion of which contained excessive moisture.
On January 31, 1934, the United States attorney for the Western District 
of North Carolina, acting upon a report by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 125 cases of 
dried peaches in part at Charlotte, N.C., and in part at Statesville, N.C., 
alleging that the article had been shipped in interstate commerce on or about 
December 20, 1933, by the Consolidated Packing Co., from San Francisco, 
Calif.r and charging adulteration and misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: "Matador Brand Selected 
California Choice [or " Standard"] California Peaches Packed by Consoli- 
dated Packing Co. San Francisco, California."
It was alleged in the libels that the portion of the article labeled " Stand- 
ard", was adulterated in that a product containing excessive water and con- 
taining sulphur dioxide had been substituted for dried peaches, which the 
article purported to be.
Misbranding was alleged with respect to both lots for the reason that the 
article was labeled so as to deceive and mislead the purchaser, since the pres- 
ence of added sulphur dioxide was not declared on the label.
On February 23, 1984, the Consolidated Packing Co. having filed a claim 
for the property and having admitted the allegations of the libels, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be released to the claimant upon the execution of a good and 
sufficient bond, conditioned that it be relabeled under the supervision of this 
Department, so that it comply with the law. The 25 cases of " Standard " 
peaches which contained excessive moisture were destroyed.
M. L. WILSON, Acting Secretary of Agriculture.