29841. Misbranding of canned peaches. U. S. v. 13 Cases of Canned Peaches. 
Default decree of condemnation. Product delivered to a «haritable 
institution.    (F. & D. No. 42944.    Sample No. 28624-D.)
This product fell below the standard established by this Department, and it 
was not labeled to indicate that it was substandard.
On June 18, 1938, the United States attorney for the Eastern District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 13 cases of canned 
peaches at Spokane, Wash.; alleging that the article had been shipped in inter- 
state commerce on or about August 20, 1937, from Portland, Or eg., for the 
Gresham Berry Growers, Inc., of Gresham, Oreg,; and charging misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: 
"Oregon Freestone Peaches Packed By Gresham Berry Growers, Inc."
It was alleged to be misbranded in that it was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agri- 
culture because it was packed in water, the units were not of uniform sizes, 
the fruit was not in unbroken halves, and its package or label did not bear a 
plain and conspicuous statement prescribed by the Secretary indicating that it 
fell below such standard.
On December 5, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the labels be removed and the product 
delivered to a charitable institution.
HARRY L. BROWN, Acting Secretary of Agriculture.