17976. Misbranding of canned peaches.   U. S. v. 83 Cases    *    *    *.    (F. D. C
No. 31781.   Sample No. 21858-L.) 
LIBEL FILED :    October 22,1951, Northern District of Texas.
ALLEGED SHIPMENT :    On or about July 28, 1951, by the Monticello Canning Co.,
from Monticello, Ga. 
PRODUCT:   83 cases, each containing 24   1-pound, 13-ounce cans, of peaches at
Dallas, Tex. 
LABEL, IN PART:    (Can)  "Betty Ann   Yellow Freestone Peaches   Halves   In
Heavy Syrup." 
NATURE OF CHARGE :   Misbranding, Section 403 (h) (1), the quality of the article
fell below the standard of quality for canned peaches since the article failed
to meet the test for tenderness prescribed in the standard; the weight of the
largest unit in the container of the article was more than twice the weight 
of the smallest unit; and the label of the article failed to bear a statement 
that it fell below such standard. 
DISPOSITION:   December 7, 1951.   Default decree of condemnation.   The court 
ordered that the product be delivered to a State institution. „