3909. Misbranding of pears.   U. S. v. 100 Cases of Canned Pears.   Product released on bond.
(F. & D. No. 4510.   S. No. 1504.)
On September 14,1912, the United States attorney for the District of Kansas, acting?
upon a report by the Secretary of Agriculture, filed in the district court of the United?
States for said district a libel for the seizure and condemnation of 100 cases, each?
containing 24 cans of so-called pears remaining unsold in the original unbroken pack??
ages and in possession of Jett & Wood, Wichita, Kans., alleging that the product had?
been shipped on or about July 5, 1912, by J. Langrall & Bro., Baltimore, Md., and?
transported from the State of Maryland into the State of Kansas, and charging mis??
branding in violation of the Food and Drugs Act. The product was labeled: (On?
cases) "2 Doz. No. 3 Maryland Chief Brand Choice Pears. Packed by J. Langrall?
& Bro., Inc., Baltimore, Md." (Stencil on side) "Western, Wichita, Kansas." (On?
cans) "Maryland Chief Choice Pears First Quality Packed by J. Langrall & Bro.?
Incorporated, Baltimore, Md. In Heavy Syrup" (design of Indian head and a?
pear).
Misbranding of the product was alleged in the libel for the reason that the label?
on each of the cases was false and misleading and calculated to mislead and deceive?
the purchaser into the belief that each of the cases contained choice pears, when, in?
truth and in fact, they contained pears of an inferior quality and not choice pears, as?
stated in the label on each of the cases. Misbranding was, alleged for the further?
reason that the label on the outside of each can was such as to mislead and deceive?
the purchaser into the belief that each of the cans contained choice pears of the first?
quality, when, in truth and in fact, each of said cans contained inferior pears wholly?
or in part in small pieces with patches of skin and knots remaining, a portion of which?
said pieces were either over or under ripe; and, further, in that the label upon the?
outside of each can was such as to mislead and deceive the purchaser into the belief?
that each can contained choice pears that were packed or preserved in heavy sirup,?
when, in truth and in fact, the so-called pears were not packed in heavy sirup, but?
in sirup that showed only a total solid content of 4.86 per cent; and, further, said pears?
were packed or preserved in a liquor that was too sour, so as to be unfit for eating?
without added sugar, and each of the cans contained 48 per cent of liquor, which was?
more than was necessary for thorough preservation and sterilization.
1914.]	SERVICE AND REGULATORY  ANNOUNCEMENTS.	137
On December 5, 1912, the said J. Langrall & Bro., claimants, having consented?
thereto, it was ordered by the court that the product should be released and delivered?
to said claimants upon payment of all the costs of the proceedings and the execution?
of bond in the sum of $500, in conformity with section 10 of the act.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, February 18, 1914.