4407. Misbranding of canned peaches.    U. S. v. 123 Cases of Canned Peaches.
. Consent decree   of   condemnation.    Product   released   under   bond   for 
relabeling.    (F. D. C. No. 8201.    Sample No. 28411-F.)
On August 24, 1942, the United States attorney for the Eastern District of 
South Carolina filed a libel against 123 cases, each case containing 24 cans, of 
peaches at Orangeburg, S. C. alleging that the article had been shipped in inter- 
state commerce on or about July 31, 1942, by the Southern States Canning Co., 
from Ft. Valley, Ga.; and charging that it was misbranded. The article was 
labeled in part: (Cans) "Oak Hill White Freestone Peaches."
It was alleged to be misbranded in that it purported to be and was repre- 
sented as a food for which a standard of quality had been prescribed by regula- 
tions promulgated pursuant to law and it fell below such standard since all units 
tested in accordance with the method prescribed in such regulation were not 
pierced by a weight of not more than 300 grams, the measure of tenderness pro- 
vided by the standard.
On November 14,1942, the Southern States Canning Co., claimant, having ad- 
mitted the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under bond for relabeling under the supervision 
of the Food and Drug Administration.