21154. Misbranding of   canned  pears.   TT.   S.  v.   84   Cases   and  19  Cases  of
Canned Pears. Decree of condemnation and forfeiture. Product 
released under bond to be relabeled. (F. & D. no. 80094. Sample 
nos. 36095-A. 36096-A.)
This case involved an interstate shipment of canned pears which were water- 
packed, and which were not labeled to show that they fell below the standard 
for canned pears established by this Department.
.On April 18, 1933, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 103 cases of canned pears at 
Denver, Colo., consigned by the Independent Grocers Alliance, alleging that 
the article had been shipped, in interstate commerce on or about February 15, 
1933, from Seattle, Wash., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: "Jordan [or 
" Chef "] Brand Pears."
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture, because it consisted of water-packed pears, 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by regulation of this Department, indicating that it fell below such 
standard.
On June 3, 1933, the J. S. Brown Mercantile Co., Denver, Colo., having 
appeared as claimant for the property and having admitted the allegations of 
the libel, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon payment 
of costs and the execution of a bond in the sum of $300, conditioned that it 
be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.