3958. Misbranding of canned peaches. TJ. S. v. 491 Cases of Canned Peaches. Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 8077. Sample Nos. 95080-E, 95426-E, 21511-F.) On August 8, 1942, the United States attorney for the Western District of Pennsylvania filed a libel against 491 cases, each containing 24 cans, of peaches at Pittsburgh, Pa., alleging that the article had been shipped in interstate com- merce on or about July 2,1942, by the Pacific Grape Products Co., Modesto, Calif.; andfcharging that it was misbranded. The article was labeled in part:-"MY-TEE * GOOD Brand Yellow Alberta Freestone Peaches in Heavy Syrup * * * v Packed for Donahoe's, Pittsburgh,' Pa." ' , ) „ The article was alleged to be misbranded in that it purported to be a food ' for which a standard of fill of container had been prescribed by regulations as. provided by law, but it fell below such standard since the cans contained less than the maximum quantity of sliced peaches which could be sealed in the container and processed -by\heat to prevent spoilage without crushing or breaking such ingredient, and its labels failed to bear in such manner and form as the regulations specify a statement that it fell below such standard. On August 21, 1942, V. L. Clay Co., Pittsburgh, Pa., claimant, having admit-. ted the allegations of the libel, 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.