25167. Misbranding of canned peaches.     U. S. v. 256 Cases of Canned Peaches.
Decree of condemnation.    Product released under bond to be relabeled.
(F. & D. no. 36213.    Sample no. 29903-B.)
This case involved canned peaches which were substandard and were not 
labeled to indicate that fact.
On August 26, 1935, the United States attorney for the Northern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation ef 256 cases of canned 
peaches at Birmingham, Ala., alleging that the article had been shipped in 
interstate commerce on or about July 23, 1935, by the Georgia Canning Co., from
Wayside, Ga., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "Georgia Cracker Brand 
Peeled Elberta Peaches * * * Packed by Georgia Canning Company, Way- 
side, Georgia."
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 the fruit was not of uniform size, was too tender, and was 
not in unbroken halves, and its label did not bear a plain and conspicuous state- 
ment prescribed by regulations of this Department indicating that it fell below 
such standard.
On November 12, 1985, the Georgia Canning Co., having appeared as claim- 
ant, judgment of condemnation was entered and it was ordered that the product 
be released under bond conditioned that it be relabeled under the supervision 
of this Department to indicate that it was substandard.
W. R. GREGG, Acting Secretary of Agriculture.