21089. Misbranding of canned pears.    V. S. v. 199 Cases and 100 Cases of
Canned Pears. Consent decrees of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. nos. 30044, 
30045.    Sample no. 22979-A.)
These cases involved quantities of canned pears, which were falsely branded 
as to name of packer and State in which produced.
On April 4 and April 5, 1933, the United States attorney for the Northern 
District of California, acting upon reports by the Secretary of Agriculture, 
"filed in the district court libels praying seizure and condemnation of 299 
cases of canned pears at San Francisco, and Sacramento, Calif., alleging that 
the article had been shipped in interstate commerce on or about March 14, 1933, 
T)y Eay-Maling Co., Inc., from Portland, Oreg., to San Francisco, Calif.; that 
a portion had been reshipped to Sacramento, Calif., on or about March 20, 
1933;  and that the article was misbranded  in  violation  of the Food  and
Drugs Act. The article was labeled in part: (Cans) "Sacramento Valley 
Bartlett Pears * * * Packed by Bercut Richards Pkg. Co., Sacramento, 
Cal."
It was alleged in the libels that the article was misbranded in that the 
statement on the label, " Sacramento Valley Standard Bartlett Pears, Packed 
by Bercut Richards Pkg. Co., Sacramento, Calif.", was false and misleading 
and deceived and misled the purchaser when applied to a product packed 
by Starr Fruit Products Co., at Portland, Oreg.
The Bercut-Richards Packing Co., appeared as claimant for the lot seized 
at Sacramento, Calif.; and Henri Bercut, Peter Bercut, and Jean Bercut, 
trading as Bercut Bros., having filed a claim for the lot seized at San Fran- 
cisco, Calif., on June 3 and June 13, 1933, judgments of condemnation and 
forfeiture were entered, and it was ordered by the court that the product 
be released to the respective claimants upon payment of costs and the execu- 
tion of bonds totaling $315.50, conditioned that it be relabeled under the 
supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.