2446. Misbranding of canned peaches.     IT.  S.  v.  99  Cases of Canned Peaches.
Consent decree of condemnation.    Product ordered released under bond 
to be relabeled.    (F. D. C. No. 5814.    Sample No. 48196-E.)
This product 'contained peel and blemished units in excess of the amounts 
permitted by the standard of quality for canned peaches, and it was not 
labeled to indicate that fact as required by law.
On or about September 24, 1941, the United States attorney for the Southern 
District of Florida filed a libel against 99 cases, each containing 24 No. 2 cans, 
of peaches.at Jacksonville, Fla., alleging that the article had been shipped on 
or about August 5, 1941, by Bankston-Edwards Canning Co. from Zebulon, Ga.; 
and charging that it was misbranded. It was labeled in part:. "Becco Brand 
*    *   *   White Freestone Peaches."
The article was alleged to be misbranded in that it purported to be a food 
for which a standard of quality had been prescribed by regulations as provided 
by law, but its quality fell below such standard and its label did not bear, 
in such manner and form as the regulations specify, a statement that it fell 
below such standard.
On October 29, 1941, Bankston-Edwards Canning Co., claimant, having ad- 
mitted the allegations of the libel, judgment of condemnation was entered and 
the product was ordered released under bond to be relabeled under the super- 
vision of the Food and Drug Administration. 
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