3098. Misbranding of peach and pear tidbits.    U. S. v. 90 Cases of Peach & Pear
Tidbits.-  Decree of condemnation.    Product released under bond for re- 
labeling.    (F. D. C. No. 6577.   Sample No. 22872-E.)
The label of this product bore a vignette of a dish of fairly uniform cubes, 
whereas it consisted of pieces of very irregular size and shape and a substantial 
proportion had been disintegrated by cooking.
On December 24, 1941, the United States attorney for the Eastern District 
of Pennsylvania filed a libel against 90 cases of peach and pear tidbits at 
Philadelphia, Pa., alleging that the article had been shipped in interstate 
commerce on or about'November 28, 1941, by Harcourt, Greene Co. from San 
Francisco, Calif.; and alleging that it was misbranded. The article was labeled 
in part: (Cans) "Seline Peach Pear Tidbits [vignette] * * * Packed 
by Schuckl & Co. Inc. San Francisco Calif."
It was alleged to be misbranded in that the vignette, showing fairly uniform 
cubes, was misleading" as applied to a product composed of pieces of very 
irregular size and shape; and in that the statement "Peach & Pear Tidbits" 
was false and misleading as applied to a product not tidbits but consisting of 
irregularly shaped fragments, a substantial proportion of which had become 
disintegrated during the cooking process.
On February 18, 1942, Harold-Stephens Co., Allentown, Pa., having appeared 
as claimant, judgment of condemnation was entered, and the product was ordered 
released under bond conditioned that it be relabeled under the supervision of the 
Food and Drug Administration.