8742. Misbranding of canned peacbes.    U. S. v. 166 Cases of Peacbes.    Consent
decree  of condemnation.    Product ordered released under bond to  be 
relabeled.   (F. D. C. No. 15255.   Sample No. 2513-H.)
LIBEL FILED :    February 12, 1945, Southern District of West Virginia.
ALLEGED SHIPMENT : On or about December 22,1944, by the Kroger Grocery and 
Baking Co., from Roanoke, Va.
PRODUCT: 166 cases, each containing 24 1-pound, 13-ounce cans, of peachesi 
at Charleston, W. Va.
LABEL IN PART: "Zigler's Yellow Freestone Halves Peaches in Light Syrup 
Packed in U. S. A. by Zigler Canning Company   Timberville, Va."
NATURE OF CHARGE: Misbranding, Section 403(h)(1), the product fell below 
the standard of quality for canned peaches since the weight of the largest 
unit in the container was more than twice the weight of the smallest unit 
therein, all of the units were not untrimmed or so trimmed as to preserve 
their normal shape, and the label failed to bear, as required by the regulations, 
the statement that the product fell below the standard.
DISPOSITION : March 22, 1945. The Kroger Grocery and Baking Co., claimant, 
having admitted the material allegations of the libel, judgment of condemna- 
tion was entered and the product was ordered released under bond to be 
relabeled under the supervision of the Food and Drug Administration.