19128. Misbranding of canned peaches.   U. S. v. 48 Cases * * *.    (F. D. O. No.
33240.    Sample No. 18406-L.)
LIBEL FILED :   May 20,1952, District of Nevada.
ALLEGED SHIPMENT : On or about March 4,1952, by Case-Swayne Co., Inc., from 
Santa Ana, Calif.
PRODUCT: 48 cases, each containing 24 1-pound, 13-ounce cans, of peaches 
at Las Vegas, Nev.
LABEL, IN PART : "Santa Paula Ripe Elberta Sliced Yellow Freestone Peaches 
In Heavy Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (f), the information required by 
law to appear on the label, namely, a statement of the quantity of the con- 
tents, was not prominently placed on the label with such conspicuousness 
(as compared with other words, statements, designs, or devices in the label- 
ing) as to render it likely to be read by the ordinary individual under cus- 
tomary conditions of purchase and use since it appeared in small print on 
the rear panel of the label.
Further misbranding, Section 403 (g) (2), the product was canned peaches, 
a food for which a definition and standard of identity has been prescribed 
by regulations; and its label failed to bear, as required by the standard, 
the name of the optional packing medium present since the label bore the 
statement "In Heavy Syrup," whereas the product was packed in light sirup.
Further 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 it fell below the standard.
DISPOSITION : August 15, 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 Federal Security Agency.
JAMS, JELLIES, AND PRESERVES