9108. Misbranding of canned pears.   IT. S. v. 153 Cases of Canned Pears.   Consent
decree of condemnation.   Product ordered released under bond.    (F. D. C.
No. 16025.    Sample No. 29118-H.)
LIBEL FILED :   May 17, 1945, Northern District of California.
ALLEGED SHIPMENT :   On or about January 25, 1945, by the Starr Fruit Products
Co., from East Portland, Oreg. 
PRODUCT:   153 cases, each containing 24   29-ounce cans, of pears at Sacramento,
Calif.   The product had the general appearance of pear halves, rather than
mixed pieces of irregular sizes and shapes. 
LABEL, IN PART:    "Success Quality Salad Pieces   Bartlett Pears   Mixed Pieces
of Irregular Sizes and Shapes in Heavy Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label statement, "Mixed 
Pieces of Irregular Sizes and Shapes," was false and misleading as applied to 
canned pear halves; and, Section 403 (h) (1), the article purported to be 
canned pear halves, but its quality fell below the prescribed standard therefor 
in that all units of the article were not untrimmed or were so trimmed as to 
preserve normal shape, and the label failed to bear, in manner and form as 
specified by the regulations, a statement that the article was substandard.
DISPOSITION: August 6, 1945. Tiedemann & Gomorrah, San Francisco, Calif., 
claimant, having consented to the entry of a decree, judgment of condemna- 
tion was entered and the product was ordered released under bond for relabel- 
ing under the supervision of the Federal Security Agency.