24847. Misbranding of canned peaches.    IT. S. v. G. H. Wetterau & Sons Grocer
Co., and Otto Wetterau.    Pleas of guilty.    Fines, $103.    (F. & D. no.
34056.    Sample nos. 4402-B, 4404-B.)
This case was based on interstate shipments of canned peaches which fell 
below the standard for canned peaches established by this Department, because 
of the presence of excessively blemished or trimmed fruit, and deficiency of 
sugar in the liquid portion, and which were not labeled to indicate that they 
were substandard.
On September 17, 1935, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against G. H. Wetterau & Sons Grocer Co., a 
corporation, and Otto Wetterau, St. Louis, Mo., alleging shipment by said 
defendants in violation of the Food and Drugs Act as amended, on or about 
April 21 and May 9, 1934, from the State of Missouri into the State of Illinois 
of quantities of canned peaches which were misbranded. A portion of the 
article was labeled in part: "Freedom Standard Yellow Cling Peaches * * * 
G. H. Wetterau & Sons Grocer Co., St. Louis, Mo. * * * Distributors." . The 
remainder was labeled in part: "Freedom Brand Sliced Yellow Cling Peaches."
The article was alleged to be misbranded in that it was canned food and fell 
below the standard of quality and condition promulgated by the Secretary of 
Agriculture, since in one lot the liquid portion read less than 14° Brix the 
permitted minimum, due to insufficient sugar, 90 percent of the solid units,, 
namely, the halves of the fruit, were not unbroken, and 80 percent were not 
unblemished; and in the other lot the liquid portion read less than 14° Brix, the 
solid units were not uniform in size, some of the units weighed less than one- 
twelfth of an ounce, the permitted minimum, and were blemished in excess of 
the tolerance; and the package did not bear a plain and conspicuous statement 
prescribed by regulation of this Department indicating that the article fell 
below such standard. Misbranding was alleged with respect to the product in 
one shipment for the further reason that the statement "Standard", borne on 
the can label, was false and misleading, and for the further reason that the 
article was labeled so as to deceive and mislead the purchaser, since the said 
statement represented that the article was peaches which conformed to the 
United States standard; whereas it did not conform to such standard.
On September 21, 1935, pleas of guilty were entered by the defendants and 
the court imposed a fine of $100 against Wetterau & Sons Grocer Co., and $3 
against Otto Wetterau.
W. R. GEEGG, Acting Secretary of Agriculture.