6710. Misbranding of canned pears.   U. S. v. 87 Cases of Canned Pears.   Decree
of condemnation.    Product ordered released under bond to be relabeled.
(F. D. C. No. 11518.    Sample No. 40798-F.)
LIBEL FILED:    January 4, 1944, District of Minnesota.
ALLEGED SHIPMENT: On or about February 1, 1943, by the Kuhn Cannery, 
from Pattonsburg, Mo.
PRODUCT: 87 cases, each containing 24 1-pound, 12-ounce cans, of pears at 
St. Paul, Minn.
LABEL IN PART:    (Cans)  "Pattonsburg Pride Brand  Kieffer Pears Halves."
VIOLATION CHARGED: Misbranding, Section 403 (h) (1), the article fell below 
the standard for canned pears since it failed to meet the test for tenderness 
prescribed in the regulations; all the pear units were not untrimmed or so 
trimmed as to preserve their normal shape; and the product did not bear the 
sub-standard legend, as required by the regulations.
DISPOSITION: March 6, 1944. The Kuhn Cannery, claimant, having admitted 
the material allegations of the libel, judgment of condemnation was entered 
and the product was ordered released under bond to be relabeled under the 
supervision of the Food and Drug Administration.