20878. Misbranding of canned peaches.   U. S. v. 24 Cases   *   *   *.    (F. D. C.
No. 35221.    Sample No. 27488-L.)
LIBEL FILED :   April 30,1953, District of Massachusetts.
ALLEGED SHIPMENT : On or about April 8, 1953, by the Fair View Packing Co., 
from Hollister, Calif.
PRODUCT: 24 cases, each containing 24 1-pound, 13-ounce cans, of peaches at 
Boston, Mass.
LABEL IN PART:    (Can)   "Sliced   Yellow  Cling  Peaches   In  Heavy   Syrup
Castle Garden."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the quality of the article 
fell below the standard of quality for canned peaches since all peach units of the 
article did not 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.
DISPOSITION :   August 6,1953.   The M. D. Kremgold Co., Boston, Mass., and the
Fair View Packing Co. having filed a joint answer and later consented to the
entry of a default decree, judgment of condemnation was entered and the court
ordered that the product be delivered to a charitable institution for its use and
not for sale.