27190. Misbranding of canned peaches.    U. S. v. 102 Cases of Canned Peaches.
Default  decree  of  condemnation  and  destruction.     (F. & D. no.  39163. 
Sample no. 31396-C.)
This product was substandard because it consisted of excessively ragged, 
broken, and trimmed pieces, and because the liquid portion was deficient in 
sugar.
On or about March 3, 1937, the United States attorney for the Southern 
District of Indiana, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 102 cases of 
canned peaches at Indianapolis, Ind., alleging that they had been shipped in 
interstate commerce on or about September 23, 1936, by Balfour, Guthrie & Co., 
Ltd., from East Stockton, Calif., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: (Stencil on 
cases) "6/10 Pre. Heated S. P. Pie T. C. Peaches."
It 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 Agri- 
culture since the liquid portion read less than 14° Brix, and the fruit con- 
sisted of excessively ragged, broken, and trimmed pieces, and the package or 
label did not bear a plain and conspicuous statement prescribed by the Secre- 
tary of Agriculture indicating that it fell below such standard.
On May 15, 1937, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.