20323. Misbranding of canned pears.   U. S. v. 236 Cases, etc.    (F. D. C. No.
34931.    Sample Nos. 45119-L, 45416-L.)
LIBEL FILED :   April 6, 1953, District of Massachusetts.
ALLEGED SHIPMENT : On or about February 24 and March 11, 1953, by Michigan 
Fruit Canners, Inc., from Benton Harbor, Mich.
PRODUCT: 461 cases, each containing 24 1-pound, 4-ounce cans, of pears at 
Somerville, Mass.
LABEL IN PART: (Can) "Thank You Brand Halves Michigan Kieffer Pears 
* * * In Heavy Syrup."
NATURE OF CHARGE : Misbranding, Section 403 (g) (2), the article purported to 
be and was represented as canned pears, a food for which a definition and 
standard of identity has been prescribed by regulations, and its label failed 
to bear, as the regulations require, the name of the optional packing medium 
present in the article since the label of the article bore the statement "In 
Heavy Syrup," whereas the article was packed in sirup designated in the 
regulations as "Extra Heavy Sirup."
Further misbranding, Section 403 (h) (1), the quality of the article fell 
below the standard of quality for canned pears since all pear units of the 
article, when tested in accordance with the method prescribed in the standard, 
were not pierced by a weight of not more than 300 grams, since the weight of 
some pear halves of the article was less than % ounce, and since the weight 
of the largest unit in the container of the article was more than twice the 
weight of the smallest unit; and the label of the article failed to bear a 
statement that the article fell below the standard.
consented to the entry of a decree, judgment of condemnation was entered 
and the court ordered that the product be released under bond for relabeling 
under the supervision of the Department of Health, Education, and Welfare.
MISCELLANEOUS FRUIT PRODUCT