20201. Adulteration of pears. U.S. v. 632 Boxes of Bartlett Pears, et al. 
Consent decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. nos. 28933, 28934, 29065, 29066, 29067. 
Sample nos. 4814-A, 4815-A, 4816-A, 4817-A, 4818-A.)
These actions involved several carloads of pears that were found to bear 
arsenic and lead in amounts which might have rendered the article injurious 
to health.
On or about September 2, 1932, the United States attorney for the Northern 
District of Illinois, acting upon reports by the Secretary of Agriculture, filed 
in the District Court of the United States for the district aforesaid five libels 
praying seizure and condemnation of a total of 2,660 boxes of pears at Chi- 
cago, Ill., alleging that the article had been shipped by the Lambert Marketing 
Co. from Tehachapi, Calif., in various shipments on or about August 22, August 
24, and August 25,1932, and had been transported from the State of California 
into the State of Illinois, and charging adulteration in violation of the Food 
and Drugs Act. A portion of the article was labeled in part: " Tejon Brand 
Tehachapi Bartletts * * * Lambert Marketing Co. * * * California." 
The remainder was labeled in part: "Lambert Marketing Co. * * * 
T-hacha-P Brand * * * California Mountain Bartletts Tehachapi Fruit 
Growers Assn. Tehachapi, California."
It was alleged in the libels that the article was adulterated in that it con- 
tained added poisonous and deleterious ingredients, arsenic and lead, in amounts 
which might have rendered the article injurious to health.
The Lambert Marketing Co., Sacramento, Calif., having entered an appear- 
ance as claimant and having admitted the allegations of the libel and con- 
sented to the entry of a decree, the five cases were consolidated into one cause 
of action. On September 7, 1932, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be released to the 
said claimant for salvaging under the supervision of this Department, upon 
payment of costs and the execution of a bond in the sum of $13,000, conditioned 
that it should not be sold or otherwise disposed of contrary to the provisions 
of the Federal Food and Drugs Act and all other laws.
R. G. TUGWELL, Acting Secretary of Agriculture.