3736. Misbranding of canned peaches. U. S. v. 275 Cases of Canned Peaches. 
Consent decree of condemnation. Product ordered released under bond 
to be relabeled.     (F. D. C. No. 6554.    Sample No. 71020-B.)
This product fell below the standard of quality for canned peaches because 
of excessive peel and uneven trim. Furthermore, the labeling failed to name 
the optional ingredient present, i. e., yellow freestone halves.
On December 19, 1941, the United States attorney for the Eastern District 
of Missouri filed a libel against 275 cases, each containing 24 cans, of peaches 
at St. Louis, Mo., alleging that the article had been shipped in interstate com- 
merce on or about September 12,1941, by Nagle Packing Co. from Paducah, Ky.; 
and charging that it was misbranded. It was labeled in part: (Cans) "Real 
Treat Brand. Contents 1 Lb. 13 Oz. Halves. Home Style Yellow Peaches 
in Syrup."
The article was alleged to be misbranded (1) in that it purported to be a food 
for which a definition and standard of identity had been prescribed by regulations 
as provided by law, and its label failed to bear the common name of the 
optional peach ingredient present in such food; and (2) 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 failed 
to bear, in such manner and form as the regulations specify, a statement that it 
fell below such standard.
On March 21, 1942, L. Cohen Grocer Co., St. Louis-, Mo., 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.