31050. Misbranding of canned pears.    U. S. v. 75 Cases of Canned Pears.     Con¬
sent decree of condemnation. Product released under bond for relabel- 
ing. (F. & D. Nos. 45592, 45593, 45594. Sample Nos. 97322-D, 97329-D, 
97334-D.)
This product was substandard because it was packed in water, and it was not 
labeled to indicate that it was substandard.
On February 14, 1940, the United States attorney for the District of Wyo- 
ming, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 75 cases of canned pears 
in various lots at Laramie, Cheyenne, and Casper, Wyo.; alleging that the 
article had been shipped in interstate commerce on or about November 2, 1939, 
by the Pacific Fruit & Produce Co. from Seattle, Wash.; and charging that it 
was misbranded in violation of the Food and Drugs Act. * * * The article 
was labeled in part: "Nation's Garden Brand Bartlett Pears Packed for Fine 
Foods, Inc., Seattle-Minneapolis."
Misbranding was alleged in that the article was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agri- 
culture, since it was packed in water 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 February 23, 1940, the Pacific Fruit & Produce Co., claimant having con- 
sented to the entry of a decree, judgment of condemnation was entered and 
the product was ordered released under bond conditioned that it be properly 
relabeled under the supervision of this Department
GROVER B. HILL, Acting Secretary of Agriculture.