4405. Misbranding of canned peacbes.    U., S. v.  95  Cases  of Canned ..Peacbes.
Default decree  of  condemnation  and destruction.     (F.- D.   C.  No.  8609. 
Sample No. 29032-F.)
On October 20, 1942, the United States attorney for the Eastern District of 
South Carolina filed a libel against 95 cases, each containing 24 cans, of peaches 
at Charleston, S. C, alleging that the article had been shipped in interstate com- 
merce on or about July 30 and August 4,1942, by the Easterlin Packing Co. from 
AndersonVille, Ga.; and charging that it was misbranded. The article was 
labeled in part: (Cans) "Flint River Brand Yellow Freestone Halves Peaches."
The article was alleged to be misbranded in that it purported to be and was rep- 
resented as a food for which a standard of quality had been prescribed by regu- 
lations as promulgated pursuant to law, but it fell below such standard, which 
requires that all peach units tested in accordance with the method therein pre- 
scribed are pierced by a weight of not more than 300 grams, that not more than 
20 percent of the units in the container should be blemished with scab, hail 
injury, discoloration; or other abnormality, and that the peach halves should be 
untrinuned or so trimmed as to preserve their normal shape; and its label failed 
to bear, in such manner and form as the regulations specify, a statement that it 
fell below such standard.
On.December 30, 1942, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.