3537. Misbranding of canned pears.   U. S. v. 89 Cases of Canned Pears.   Default
decree of condemnation. Product ordered delivered to local charitable 
agencies.    (F. D. C. No. 6875.   Sample No. 65983-B.)
Examination showed that this product was substandard in quality because all 
units were not untrimmed or so trimmed as to preserve their normal shape.
On February 17, 1942, the United States attorney for the District of Colorado 
filed a libel against 89 cases, each containing 24 cans, of pears at Denver, Colo., 
which had been consigned by the Olympia Canning Co., alleging that the article 
had been shipped in interstate commerce on or about August 28, 1941, from 
. Olympia, Wash.; and charging that it was misbranded. It was labeled in part: 
(Cans) "Silver Band Net Weight 1 lib. 12 Ozs. Barlett Pear Halves in Medium 
. Syrup The Morey Mercantile Company Distributors Denver, Colo."
The article was alleged to be misbranded in that it purported to be and was 
represented as a food for which a standard of quality had been prescribed by 
regulations as provided by law, but its quality fell below such standard and its 
label failed to bear, in such manner and form as the regulations specify, a state- 
ment that it fell below such standard.
On April 18,1942, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered delivered to local charitable agencies.