18127. Misbranding of canned peaches.  U. S. v. 73 cases, etc.   (F. D. C. No. 31605.
Sample Nos. 3680-L, 3681-L.)
LIBEL FILED :   August 9, 1951, Eastern District of Virginia.
ALLEGED SHIPMENT: On or about July 5, 10, and 11, 1951, by the J. A. Jones 
Canning Co., from Easley, S. C.
PRODUCT: Peaches. 73 cases, each containing 24 1-pound, 13-ounce cans, and 
13 cases, each containing 24   1-pound. 14-ounce cans, at Bichmond, Va.
LABEL IN PART: (Cans) "Powhatan Brand . Yellow Freestone Peaches Halves 
In Heavy Syrup" or "Durham Maid Brand Yellow Peeled Freestone Peaches 
Halves In Heavy Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (g) (2), the article purported 
to be and was represented as canned peaches, a food fox which a definition
and standard of identity had been prescribed by regulations, and the label of 
the article failed to bear, as required by the regulations, the name of the 
optional packing medium present in the article since the labels bore the state- 
ment "In Heavy Syrup," whereas the Powhatan Brand was packed in the 
medium designated as slightly sweetened water and the Durham Maid Brand 
was packed in the medium designated as light sirup in the definition and . 
standard.
Further misbranding, Section 403 (h) (1), the quality of the article fell 
below the standard of quality for canned peach halves since the weight of 
some units in the containers of the article was less than % of an ounce; the 
weight of the largest peach half in the container of the article was more 
than twice the weight of the smallest unit therein; all units of the article 
were not untrimmed or were so trimmed as not to preserve their normal 
shape; more than 5% of the units in the container of the article were crushed 
or broken; more than 20% of the units in the container of the Durham Maid 
Brand portion of the article were blemished with discoloration; and the labels 
failed to bear a statement that the article fell below such standard.
DISPOSITION: October 29, 1951. Default decree of condemnation. The court 
ordered that the product be delivered to a Federal institution.
FROZEN FRUIT