26058. Misbranding of   canned   pears.     U.   S.   v.   148   Cases   of   Canned   Pears.
Product released under bond to be relabeled.     (F. & D. no. 87550.    Sample 
no. 60918-B.)
This case involved a shipment of canned pears which were substandard be- 
cause they were excessively trimmed and which failed to bear a statement 
prescribed by the Secretary of Agriculture, indicating that they were sub- 
standard. The label failed to bear a statement of the quantity of the contents 
since a label for a 1-pound 14-ounce can was used on cans containing on the 
average approximately 6 pounds 12 ounces.
On April 8, 1936, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 148 cases of canned 
pears at New York, N. Y., alleging that the article had been shipped in inter- 
state commerce on or about December 14, 1935, by Washington Packers, Inc., 
from Sumner, Wash., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: "Ranier Brand 
Bartlett Pears, Net Contents 1 Lb. 14 ozs. Packed by Washington Berry 
Growers' Packing Corp. Sumner, Wash."
The article was alleged to be misbranded in that it was substandard, since 
it was excessively trimmed and was not in unbroken halves; and in that the 
quantity of contents was incorrectly stated, since the average net weight was 
6 pounds, 12.69 ounces.
On May 6, 1936, the Kent Food Corporation, Brooklyn, N. Y., having ap- 
peared as claimant and having consented to the condemnation and forfeiture
of the product, a decree was entered ordering that the product be released 
under bond conditioned that it be relabeled.
W. R. GREGG, Acting Secretary of Agriculture.