25441. Misbranding of    canned    peaches.     IT.    S.    v.    44    Cases    of    Canned
Peaches.     Consent    decree    of    condemnation.    Product    released 
under bond to he relabeled.     (F. & D. no. 86445.    Sample no. 29880-B.)
This case involved canned peaches that were substandard and that were not 
labeled to indicate that fact.
On October 1, 1935, the United States attorney for the Northern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 44 cases of canned 
peaches at Birmingham, Ala., alleging that the article had been shipped in 
interstate commerce on or about July 25, 1935, by the Georgia Canning Co., 
from Wayside, Ga., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: "Shaver's Brand 
* * * Georgia Yellow Peeled Freestone Peaches, Packed by Georgia Canning 
Company, Wayside, Georgia."
The article was alleged to be misbranded in that it was canned food and fell 
below the standard of quality and condition promulgated by the Secretary of 
Agriculture, since the pieces of fruit were not of uniform size, they did not meet 
the requirements of the term "tender", in that they were so soft as to lose 
their natural shape, and they were not in unbroken halves, and the package or 
label did not bear a plain and conspicuous statement prescribed by regulation of 
this Department Indicating that they fell below such standard.
On November 21, 1935, the Georgia Canning Co. having appeared as claimant, 
judgment of condemnation was entered and it was ordered that the product 
be released under bond conditioned that it be relabeled, under the supervision 
of this Department, to bear the substandard statement prescribed by the 
Secretary of Agriculture.
M. L. WILSON, Acting Secretary of Agriculture.