29741. Misbranding of canned apricots and canned pears.    U. S. v. 44 Cases of
Canned Apricots and 49 Cases of Canned Pears. Consent decrees order- 
ing products released under bond. (F. & D. Nos. 43034, 43035. Sample 
Nos. 23071-D, 23072-D.)
These products fell below the standard established by this Department for 
such canned food and were not labeled to indicate that they were substandard. 
The canned apricots were labeled "Packed in medium syrup," but were in fact 
packed ia water.
On July-14, 1938, the United States attorney for the District of Idaho, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
libels praying seizure and condemnation of 44 cases of canned apricots and 49 
cases of canned pears at Lewiston, Idaho; alleging that the article had been 
shipped in interstate commerce on or about August 10, 1937, by Cooperative 
Canning Exchange from "White Bluffs, Wash.; and charging misbranding in 
violation of the Food and Drugs Act.
The articles were alleged to be misbranded in that they were canned food 
and fell below the standard of quality and condition promulgated by the Secre- 
tary of Agriculture, since both were packed in water, the pears were not 
normally colored and the fruit was so soft that the pieces would lose their 
natural shape when removed to a dish and were not in unbroken halves since 
less than 90 percent of the units were unbroken and did not show excessive 
trimming, and the labels did not bear a plain and conspicuous statement indi- 
cating that they were, substandard. The apricots were alleged to be mis- 
branded further in that the statement "Packed in Medium Syrup," borne on the 
label, was false and misleading and tended to deceive and mislead the pur- 
chaser when applied to an article that was packed in water.
On August 30, 1C38, the Cooperative Canning Exchange having appeared as 
claimant, judgments were entered ordering that the products be released under 
bond conditioned that they should not be sold or disposed of contrary to law.
M. L. WILSON, Acting Secretary of Agriculture.