16132. Misbranding of canned pears.   U. S. v. 247 Cases   *    *    *.    (F. D. C, No.
28815.    Sample Nos. 34196-K, 54722-K.)
LIBEL FILED :   January 25, 1950, Eastern District of Louisiana.
ALLEGED SHIPMENT: On or about October 25, 1949, by the Bercut-Richards 
Packing Co., from Sacramento, Calif.
PRODUCT: 247 cases, each containing 48 1-pound cans, of pears at New 
Orleans, La,
LABEL IN PART :    "Sacramento Brand   Bartlett Pear Halves   In Heavy Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product fell below 
the standard of quality for canned pears since the pears failed to meet the 
test for tenderness prescribed in the standard and the label failed to bear a 
statement that the product fell below the standard.
DISPOSITION : May 4, 1950. The Bercut-Richards Packing Co., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered 
and the court ordered that the product be released under bond to be relabeled, 
under the supervision of the Food and Drug Administration.