14729. Misbranding of canned peaches.   U. S. v. 923 Cases   *    *   *.   (F. D. C.
No. 26007.   Sample No. 40557-K.)
LIBEL FILED:   On or about December 8,1948, District of Oregon. 
ALLEGED SHIPMENT:   On or about October 2,1948, by Food Processors, Inc., from 
Yakima, Wash.
PRODUCT: 923 cases, each containing 24 1-pound, 12-ounce cans, of peaches> 
at Salem, Oreg.
LABEL IN PART :    (Can) "Peaches In Heavy Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (f), the name and address of 
the packer and the statement of the quantity of the contents, which are required 
by law to appear on the label, were not prominently placed thereon with such 
conspicuousness (as compared with other words, statements, designs, and 
devices in the labeling) as to render them likely to be read by the ordinary 
individual under customary conditions of purchase and use since the informa- 
tion was printed on the label on the back of the can.
Further misbranding, Section 403 (g) (2), the product was represented as 
canned peaches, a food for which a definition and standard of identity have 
been prescribed, and its label failed to bear as required by the regulations the 
name of the optional packing medium present in the foods since the labels 
bore the statement "In Heavy Syrup" and a portion of the product was packed 
in light sirup; and, in addition, its label failed to bear as required by the 
regulations the varietal type of peach Ingredient present.
Further misbranding, Section 403 (h) (1), the product fell below the 
standard of quality for canned peaches since all of the units were not un- 
trimmed or so trimmed as to preserve their normal shape, and it failed to bear 
the substandard legend.
DISPOSITION : May 2, 1949. The Willamette Grocery Co., Salem, Oreg., and 
Food Processors, Inc., Yakima, Wash., claimants, having consented to the entry 
of a decree, 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.