12103. Misbranding of canned peacbes.    U.  S. v. 65  Cases, etc.     (F. D. C. No.
22246.    Sample Nos. 64831-H, 64832-H, 64840-H, 64841-H.)
LIBEL FILED :   February 4,1947, District of New Jersey.
ALLEGED SHIPMENT :   On or about July 23,1946, by A. L. Ratner, from New York,
N. Y'.
PRODUCT: 65 cases, each containing 24 1-pound, 13-ounce cans, and 20 cases, each 
containing 24   1-pound, 12-ounce cans, of peaches at Jersey City, N. J.
LABEL, IN PART: "Russell's Fine Foods Yellow Freestone Halves Peaches 
[or "Castella Brand White Freestone Halves Peaches"] Distributed by 
Russell's Fine Foods   Plant City, Florida."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the quality of the article 
fell below the standard of quality for canned peaches, in that all units when 
tested in accordance with the method prescribed in the standard, could not be 
pierced by a weight of 300 grams; and all units of the article were not un- 
trimmed or so trimmed as to preserve normal shape, since there was present 
in a portion of the article more than 1 square inch of peel per each 1 pound of
net contents, and more than 20 percent of the units in the containers in a 
portion of the article were blemished with scab and worm cuts.
Further misbranding, Section 403 (a), the design of yellow halves of peaches 
which appeared the label of the article in the 20-case lot, was misleading 
as applied to a product which consisted of halves of white peaches. 
DISPOSITION: June 30, 1947. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered delivered to charitable 
institutions.