28534. Mlsbrandingr of canned pears.    TT. S. v. 218 Cases of Canned Diced Bart- 
lett Pears.    Consent decree of condemnation.    Product released under 
bond for relabeling:.     (P. & D.  No.  41014.     Sample No.  64573-C.)
This product fell below the standard established by this Department because 
the units were not of uniform size, and it was not labeled to indicate that it 
was substandard.
On or about December 9, 1937, the United States attorney for the Eastern Dis- 
trict of Missouri, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 218 cases of 
canned pears at St. Louis, Mo., alleging that the article had been shipped in 
interstate commerce on or about October 20, 1937, by Van Nouhuys & Co., from 
Campbell, Calif., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "Diced Tast-Good Brand 
Bartlett Pears Packed For Empire Distributing Company, St. Louis, Mo."
It was alleged to be misbranded in that it fell below the standard of quality 
and condition promulgated by the Secretary of Agriculture for such canned 
food since the units were not of uniform size, and its package or label did not 
bear a plain and conspicuous statement prescribed by regulation of this De- 
partment indicating that it fell below such standard.
On February 15, 1938, Van Nouhuys & Co. having appeared as claimant and 
having consented to the entry of a decree, judgment of condemnation was 
entered and the product was ordered released under bond conditioned that it 
be relabeled.
W. R. GBEGG, Acting Secretary of Agriculture.