29840. Misbranding of   canned   pears.     IT.   S.   v.   257   Cases   of   Canned   Pears.
Decree of condemnation.    Product released under bond to be relabeled.
(F. & D. No. 43806.    Sample No. 19484-D.)
This product was substandard because the fruit was not in unbroken halves, 
and it was not labeled to indicate that it was substandard.
On September 10, 1938, the United States attorney for the District of Min- 
nesota, acting upon a report by the Secretary of Agriculture, filed in the district
court a libel praying seizure and condemnation of 257 cases of canned pears 
at Minneapolis, Minn.; alleging that they had been shipped in interstate com- 
merce on or about February 5, 1938, by the C. S. Kale Canning Co. from 
Everson, Wash.; and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Nooksac Compote * * * Bartlett 
Pears."
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 Agri- 
culture, since the fruit was not in unbroken halves, and its package or label 
did not bear a plain and conspicuous statement prescribed by the Secretary 
indicating that it fell below such standard.
On October 17, 1938, the Northwest Grocers, St Paul, Minn., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered, 
and the product was ordered released under bond conditioned that it be re- 
labeled under the supervision of this Department.
HARRY L. BROWN, Acting Secretary of Agriculture.