2918. Misbranding of canned peaches.     U.  S. v. 338 Cases of Canned Peaches.
Consent decree of condemnation. Product ordered released under bond 
to be relabeled.     (F. D.  C. No. 5997.    Sample No. 11328-E.)
This product fell below the standard of quality for canned peaches because the 
halves were smaller than the minimum size prescribed for peach halves of 
standard quality, and they were of mixed sizes and were unevenly trimmed.
On October 8, 1941, the United States attorney for the Southern District of 
Texas filed a libel against 338 cases, each containing 24 No. 2 cans, of peaches at 
Houston, Tex., alleging that the article had been shipped on or about August 27, 
1941, by Roberts Bros., Inc., from Americus, Ga.; and charging that it was 
misbranded.   It was labeled in part: "Oak Grove Brand    *   -*¦*.. Peaches."
The article was alleged to be misbranded in that it purported to be a food for 
which a standard of quality had been prescribed by regulations as provided by 
law, but its quality fell below such standard in that (1) the weight of some units 
was less than % ounce; (2) the weight of the largest unit in the container was 
more than twice the weight of the smallest unit therein; and (3) all units were 
not untrimmed or so trimmed as to preserve their normal shape; and its label 
failed to bear in such manner and form as the regulations specify, a statement 
that it fell below such standard.
On December 8, 1941, Roberts Bros., Inc., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond to be relabeled under the supervision of the Food 
and Drug Administration.