11054.?Misbranding- of pears.    IT. S. v. 576 Boxes of Pears.     Consent decree
of  condemnation   and  forfeiture.    Product   released  nnder  bond.
(F. & D. No. 15348.    I. S. No. 5988-t.    S. No. R-3563.)
On August 25, 1921, the United States attorney for the Western District of?
New York, 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 576 boxes of pears, remaining unsold in the original unbroken?
packages at Buffalo, N. Y., alleging that the article had been shipped by Cohen,?
Mann & Kahn, Palmdale, Calif., August 11, 1921, and transported from the State?
of California into the State of New York, and charging misbranding in viola??
tion of the Food and Drugs Act, as amended. The article was labeled in part:?
"Liberty Brand * * * Bartlett Pears * * * Grown at Little Rock?
California Coh^n,, Mann & Kahn * * * Chicago * * *." A portion of the?
said boxes bore the statement, " Net Contents not less than 45 Lbs."
Examination of the article by the Bureau of Chemistry of this department?
showed that a portion of the said boxes bore no statement us to the net con-?
tents and that the remainder contained less than the amount declared on the?
labeling.
Misbranding of the article was alleged in the libel for the reason that the?
following statement appearing on the boxes containing the said article, to wit,?
" Net Contents not less than 45 Lbs.," was false and misleading, and for the?
further reason that the article was [food] in package form, and the quantity?
of the contents was not plainly and conspicuously marked on the outside of the?
package.
On August 30, 1921, Cohen, Mann & Kahn, Chicago, 111., claimants, having?
consented to the entry of a decree, judgment of condemnation and forfeiture?
was entered, and it was ordered by the court that the product be released to?
the said claimants upon payment of the costs of the proceedings and the execu??
tion of a bond in the sum of $2,000, in conformity with section 10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.