26586. Misbranding and alleged Adulteration of peaches.     U. S. v. 119 Bushels of
Peaches.     Decree   of  condemnation.     Product  released  under  bond to 
be relabeled.    (F. & D. no. 38168.    Sample no. 8214-C.)
This case involved fresh peaches that fell below the grade indicated on the 
label, approximately 90 percent being under 2 inches in diameter.
On August 15, 1936, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, tiled in 
the district court a libel praying seizure and condemnation of 119 bushels of 
peaches at Philadelphia, Pa., alleging that the article had been shipped in 
interstate commerce on or about August 13, 1936, by John Spence, from 
Bridgeville, Del., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: "John Spence, 
Bridgeville, Del.    U. S. No. 2 2 inch and up."
The article was alleged to be adulterated in that peaches below the grade 
indicated on the label had been substituted in whole or in part for the article.
The article was alleged to be misbranded in that the statements on the label, 
"U. S. No. 1" and "2 Inch and Up", were false and misleading and tended to 
deceive and mislead the purchaser when applied to an article below the grade 
indicated on the label.
On August 17, 1936, John Spence appearing as claimant, judgment was 
entered finding the product misbranded and ordering that it be condemned 
and released under bond to be relabeled.
M- L. WILSON, Acting Secretary of Agriculture.