26916. Misbranding of canned pears. IT. S. v. 300 Cases of Canned Pears. 
Consent decree of condemnation. Product released under bond to be 
relabeled.     (F. & D. no. 38896.    Sample no. 23869-C.)
These pears failed to conform to the standard established by the Secretary 
of Agriculture because they were not of normal size, were not uniform in 
size, and were not in unbroken halves; and the label failed to bear a state- 
ment indicating that the product was substandard.
On or about December 31, 1936, the United States attorney for the Western 
District of Washington, acting upon a report by the Secretary of Agriculture, 
filed in the district court a libel praying seizure and condemnation of 300 
cases of canned pears at Tacoma, Wash., alleging that they had been shipped 
in interstate commerce on or about December 5, 1936, by the P. J. Burk Can- 
ning Co., from Milton, Oreg., and charging misbranding in violation of the
Food and Drugs Act, as amended. The article was labeled in part: "Stadium 
Brand Bartlet Pears in Syrup Packed for Standard Grocery Company Tacoma, 
Wash."
It 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 the pears were not normal sized, were not uniform sized, 
and were not in unbroken halves; and its package or label did not bear 
a plain and conspicuous statement prescribed by regulations of this Department 
indicating that it fell below such standard.
On January 18, 1937, the Standard Grocery Co., Tacoma, Wash., claimant, 
having consented to the entry of a decree, judgment of condemnation was 
entered and it was ordered that the product be released under bond, condi- 
tioned that it be properly relabeled.
W. It. GKEGG, Acting Secretary of Agriculture.