24958. Misbranding of canned pears.    U. S. v. 36 Cases and 115 Cases of Canned
Fears. Decrees of condemnation. Product released under bond to be 
relabeled.    (F. & D. nos. 35585, 35655.    Sample nos. 36230-B, 36232-B.)
These cases involved shipments of canned pears which fell below the stan- 
dard established by the Secretary of Agriculture, and which were not labeled 
to indicate that they were substandard.
On May 29 and June 18, 1935, the United States attorney for the District 
of Massachusetts, acting upon reports by the Secretary of Agriculture, filed in 
the district court libels praying seizure and condemnation of 115 cases of 
canned pears at Worcester, Mass., alleging that the article had been shipped 
in interstate commerce on or about February 19 and March 20, 1935, by the 
Arthur L. Johnson Co., from Providence, R. I., and charging misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled 
in part: "On the Level Brand * * * Bartlett Pears * * * Packed by 
The Packwell Corporation Oakland, Calif."
The article was alleged to be misbranded in that it was canned food and 
fell below the standard of quality and condition promulgated by the Secretary 
of Agriculture, since it was not uniform in size and was not in unbroken 
halves, and its package or label did not bear a plain and conspicuous statement
prescribed  by regulation  of  this Department indicating  that it  fell below 
such standard.
On August 19 and 20, 1935, the Packwell Corporation, claimant, having ad- 
mitted the allegations of the libels, judgments of condemnation were entered 
and it was ordered that the product be released under bond conditioned that 
it be relabeled under the supervision of this Department.
W. R. GREGG, Acting Secretary of Agriculture.