21092. Misbranding of   canned   peaches.     U.   S.   v.   300   Cases   of   Canned
Peaches. Decree of condemnation and forfeiture. Product re- 
leased under bond to be relabeled. (F. & D. no. 30116. Sample no. 
23066-A:)
This case involved a shipment of canned peaches which consisted in large 
part of ragged and excessively trimmed peaches, and in which the liquid 
portion was deficient in sugar. The article was not labeled with a state- 
ment prescribed by this Department, indicating that it was substandard.
On April 25, 1933, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 300 cases of canned peaches at 
Baltimore, Md., alleging that the article had been shipped in interstate com- 
merce, on or about April 3, 1933, by the Howard Terminal, from Oakland, 
Calif., and charging misbranding in violation of the Food and Drugs Act as 
amended.
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture for such canned food, because it consisted of 
ragged and excessively trimmed peaches, and because the liquid portion read 
less than 14° Brix, and its package or label did not bear a plain and con- 
spicuous statement prescribed by regulation of this Department, indicating that 
it fell below such standard.
On May 3, 1933, Norman L. Waggoner, Inc., San Francisco, Calif., having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be re- 
leased to the claimant upon payment of costs and the execution of a bond in 
the sum of $500, conditioned that it should not be disposed of until relabeled to 
conform to the requirements of the Federal Food and Drugs Act.
M. L. WILSON, Acting Secretary of Agriculture.