5016. Misbranding of canned pears. U. S. v. 198 Cases and 300 Cases of Canned Pears.' , Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. Nos. 9508, 9509. Sample Nos. 14621-F, 19188-F, 19190-F.) On or about March 8 and 9, 1943, the United States attorneys for the Southern District of New York and the District of New Jersey filed libels against 198 cases, each.containing 24 cans, of pears at New York City, N. Y., and 300 cases, each con- taining 24 cans, of pears at Jersey City, N. J., alleging that the articlevhad,beeffi; shipped in interstate commerce on or about January 16, 1943, by the Pure Foods Corporation from. Los Angeles, Calif., to New York, N. Y, and that a part had been reshipped to Jersey City, N. J.; arid charging that it was riiisbrandedV The article was labeled in part: (Cans) "'Golden Row\Brand Sliced Bartlett Pears'."; The article was alleged to be misbranded (1) in that it was represented as a food for which a standard of quality had been prescribed by regulations 'promulgated pure; suant to law, and its quality fell below such standard in that it failed to meet the: test for tenderness established by the standard;, and (2) its label failed, to bear a statement that its quality fell below such standard. On April 2 and 12, 1943, Pablo A. Pont and Luis F. Font, doing business as Font & Co., New' York, N. Y., having appeared as claimants and having admitted the. allegations of the libels, judgments of condemnation were entered and the product was ^ordered releasedunder bond for relabeling under the supervision of the Food and Drug Administration. * ,