18929. Misbranding of canned peaches.  U. S. v. 248 Cases * * *.   (F. D. C. No.
32956.   Sample No. 27241-L.)
LIBEL FILED :   March 13,1952, District of Massachusetts.
ALLEGED SHIPMENT: On or about February 6, 1952, by Flotill Products, Inc., 
from Stockton, Calif.
PRODUCT: 248 eases, .each containing 24 1-pound, 13-ounce cans, of peaches 
at Boston, Mass.
LABEL IN PART: (Can) "Elberta * * * Cal-Top Brand Yellow Freestone 
Peaches   Mixed Pieces of Irregular Sizes and Shapes   In heavy Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (h) (2), the product fell below 
the standard of fill of container for canned peaches, and its label failed to 
bear a statement that the product was below the standard; and, Section 403 
(f), the information required by law to appear on the label, namely, the name 
of the optional packing medium present in the food, was not prominently 
placed thereon with such conspicuousness (as compared with other words, 
statements, designs, or devices, in the labeling) as to render it likely to be 
read and understood by the ordinary individual under customary conditions 
of purchase and use in that the name of the optional packing medium present 
"heavy syrup" did not appear conspicuously on the label since it was in dark 
type on a dark background.
DISPOSITION : October 14, 1952. The shipper, claimant, having consented to 
the entry of a decree, judgment of condemnation was entered and the court 
ordered that the product be released under bond to be relabeled under the 
supervision of the Food and Drug Administration.
DRIED FRUIT