20765. Misbranding of canned peaches.   U. S. v. 648 Cases * * *.   (F. D. C. No.
35639.   Sample No. 59177-L.)
LIBEL FILED :    September 16,1953, Southern District of Florida.
ALLEGED SHIPMENT:    On or about July 18, 1953, by the Bateman Canning Co.,
from Macon, Ga. 
PRODUCT:    648 cases, each containing 24 cans, of peaches at Miami, Fla.
LABEL IN PART: (Can) "Dixiana Net Wt. 1 lb. 13 ozs. Yellow Freestone 
Peaches Mixed pieces of irregular sizes and shape Packed in Heavy Syrup 
Packed by Bateman Canning Co., Macon, Ga."
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 as prescribed by the standard and the label 
failed to bear a statement that the article fell below such standard.
admitted the allegations of the libel, 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.
FRESH FRUIT