19876. Misbranding of canned peaches.   U. S. v. 699 Cases, etc.    (F. D. C. Nos
33908, 33909.    Sample Nos. 2698-L, 2700-L.)
LIBELS FILED :    October 13,1952, Southern District of Florida.
ALLEGED SHIPMENT: On or about August 6 and 15, 1952, by the Jones Bros. 
Canning Co., from Greer, S. C.
PRODUCT: 1,197 cases, each containing 24 1-pound, 13-ounce cans, of peaches 
at Miami, Fla.
LABEL IN PART: (Can) "Cedar Rock Brand * * * Yellow Freestone Peaches 
In Light Syrup   Mixed Pieces of Irregular Sizes and Shapes."
NATURE OF CHARGE: Misbranding, Section 403 (g) (2), the product purported 
to be and was represented as canned peaches, a food for which a definition 
and standard of identity has been prescribed by regulations, and the label 
failed to bear, as required by the definition and standard, the name of the 
optional peach ingredient present since the label bore the statement "Mixed 
Pieces of Irregular Sizes and Shapes," whereas the product was peach 
halves; and, Section 403 (h) (1), the product fell below the standard of 
quality for canned peaches since the peaches did not meet the test for tender- 
ness prescribed by the standard and the label failed to bear a statement that 
the product fell below the standard.
DISPOSITION : December 2,1952. The Apte Brokerage Co., Miami, Fla., having 
appeared as claimant, judgments of condemnation were entered and the court 
ordered that the product be released under bond to be relabeled under the 
supervision of the Federal Security Agency.