22449. Misbranding of canned pears. U. S. v. 110 Cases of Canned Pears. 
Decree of condemnation and forfeiture. Product released under 
bond to be relabeled.     (F. & D. no. 32583.    Sample no. 66602-A.)
Sample cans of .pears taken from the shipment involved in this case were 
found to contain less than the labeled weight.
On April 26, 1934, 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 110 cases of canned pears at Den- 
ver, Colo., consigned by the National Fruit Canning Co., alleging that the article 
had been shipped in interstate commerce, on or before February 12, 1934, from 
Seattle, Wash., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "Extra Quality Brimfull 
Brand Bartlett Pears. Contents 1 lb. 14 Oz. H. A. Marr Grocery Co., Distribu- 
tors, Denver, Colo."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Contents 1 lb. 14 oz.", was false and misleading and tended 
to deceive and mislead the purchaser.
On April 26, 1934, the National Fruit Canning Co., Seattle, Wash., having 
appeared as claimant for the property, and having admitted the allegations 
of the libel, judgment of condemnation 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 $800, conditioned that it be relabeled 
under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.