13445. Misbranding of canned pears.    V. S. v. 385 Cases    *    *     *.     (F. D. C. No.
24364.    Sample No. 18034-K.)
LIBEL FILED:   March 5, 1948, Southern District of Indiana.
ALLEGED SHIPMENT: On or about October 16, 1947, by Wenatchee Foods, Inc., 
from Wenatchee, Wash.
PRODUCT: 385 cases, each containing 6 6-pound, 9-ounce cans, of pears at 
Indianapolis, Ind.
LABEL IN PART:    "J P M Brand Northwest Bartlett Pears Halves."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the article fell below the 
standard of quality for canned pears since it failed to meet the test for tender- 
ness ; all units were not untrimmed or so trimmed as to preserve normal shape, 
and more than 10 percent of the units were broken; and the label failed to 
bear a statement thatthe article fell below such standard.
DISPOSITION: April 9, 1948. J. P. Michael Co., Indianapolis, Ind., claimant, 
having consented to the entry of a decree, judgment of condemnation was 
entered and the product was ordered released under bond for relabeling under 
the supervision of the Federal Security Agency.