20520. Misbranding of canned peaches.   U. S. v. 389 Cases * * *.    (F. D. C. No.
35354.    Sample No. 41162-L.)
LIBEL FILED :   July 16,1953, Southern District of New York.
ALLEGED SHIPMENT: On or about May 27, 1953, by the Wapato Packing Co., 
from Wapato, Wash.
PRODUCT:   389 cases, each containing 24 cans, of peaches at New York, N. Y.
LABEL, IN PART: (Can) "Chatter Box Elberta Peaches Halved Yellow 
Freestone   In Extra Heavy Syrup   Home Style   Contents 1 Lb. 14 Oz."
NATURE OF CHARGE: Misbranding, Section 403 (g) (2), the article purported 
to be and was represented as canned peaches, a food for which a definition 
and standard of identity has been prescribed by regulations, and its label 
failed to bear, as required by the definition and standard, the name of the 
optional packing medium present in the article since its label bore the state- 
ment "In Extra Heavy Syrup," whereas the article was packed in a medium 
designated as "Heavy Sirup" in the definition and standard.
DISPOSITION: August 19, 1953. The Wapato Packing Co., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered and 
the court ordered that the product be released under bond for relabeling under 
the supervision of the Department of Health, Education, and Welfare.