2916. Misbranding of  canned  peaches.     V.   S.  v.   134  Cases  and  698  Cases  of
Canned Peaches. Consent decree of condemnation. Product ordered re- 
leased under bond to be relabeled. . (F. D. C. No. 5886. Sample Nos. 
70102-B, 70103-B.)
Both lots of this product fell below the standard of quality for canned psacbes 
because the halves were of mixed sizes and were unevenly trimmed. One lot 
also exceeded the tolerance for blemishes, and the other lot contained units that 
were not tender.
On September 30, 1941, the United States attorney for the Western District of 
North Carolina filed a libel against 832 cases, each containing 24 cans, of peaches 
at Charlotte, N. C, alleging that the article had been shipped on or about 
August 9, 12, and 15, 1941, by Southern State Canning Co. from Fort Valley, Ga.; 
and charging that it was misbranded. It was labeled in part: "Oak Hill [or 
"Pride of Georgia"]   *   *   *   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 in that (both brands) the weight 
of the largest unit in the container was more than twice the weight of the smallest 
unit therein and the units were not untrimmed or so trimmed as to preserve 
their normal shape, (Oak Hill brand only) more than 20 percent of the units in 
the container were blemished, find (Pride of Georgia brand only) some units 
were excessively hard when tested in accordance with the method prescribed
in the standard; and its label failed to bear in such manner and form as the 
regulations specify, a statement that it fell below such standard.
On November-24,1941, Southern State Canning Co., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under bond to be relabeled under the supervision 
of the Food and Drug Administration.