8741. Misbranding of canned peaches.   U. S. v. 21 Cases and 149 Cases of Canned
Peaches.    Consent decree  of condemnation.    Product ordered released 
under bond.    (F. D. C. Nos. 15275, 15277.    Sample No. 2501-H.)
LIBELS FILED :   February 17, 1945, Southern District of West Virginia.
ALLEGED SHIPMENT : On or about November 23,1944, by the Hawksbill Cannery, 
from Luray, Va.
PRODUCT:   170 cases, each containing 24 cans, of peaches at Charleston, W. Va.
LABEL IN PART :    "Hawksbill Brand Yellow Freestone Peaches in Light Syrup."
NATURE OF CHARGE : Misbranding, Section 403 (h) (1), the quality of the product 
fell below the standard for canned peaches prescribed by the regulations since 
the weight of the largest unit in the container was more than twice the weight 
of the smallest unit, and all units were not untrimmed or so trimmed as to 
preserve normal shape; and (portion), Section 403 (g) (2), the label failed 
to bear, as required by the definition and standard for canned peaches, the 
name of the optional packing medium present in the article, since the label 
bore the statement "in Light Syrup," whereas the article was packed in sirup 
designated as "Slightly sweetened water" in the standard.
DISPOSITION : March 22, 1945. The Kroger Grocer and Baking Co., Charleston, 
W. Va., claimant, having admitted the material allegations of the libels, judg- 
ments of condemnation were entered and the product was ordered released 
under bond, conditioned that it be relabeled under the supervision of the Food 
and Drug Administration.