27312. Misbranding of canned peaches.     V. S. v. 173 Cases of Canned Peaches.
Decree of condemnation. Product released under bond subject to 
relabeling:.     (F. & D. no. 39162.    Sample no. 30290-C.)
This product fell below the standard for canned sliced peaches, since the 
fruit was not uniformly sliced and was not labeled to indicate that it was 
substandard.
On March 2, 1937, the United States attorney for the District of Kansas, 
acting upon a report by the Secretary of Agriculture, filed L the district 
court a libel praying seizure and condemnation of 173 cases of canned peaches 
at Topeka, Kans., alleging that they had been shipped in interstate commerce 
on or about August 20, 1936, by Harry Hall & Co., from Lincoln, Calif., and 
charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: "Tee Pee Brand * * * Water Pack Sliced Y. C. 
Peaches   Distributed by the Theo Poehler Mercantile Co.,   *   *   *   Topeka, Kas."
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 Agriculture, 
since it did not consist of uniformly sliced peaches and its package or label 
did not bear a statement indicating that it fell below such standard.
On June 2, 1937, the Theo Poehler Mercantile Co., Topeka, Kans., having 
appeared as claimant and having admitted that the product was misbranded, 
judgment of condemnation was entered and it was ordered that the product 
be released under bond subject to relabeling.
H. A. WALLACE, Secretary of Agriculture.