12464. Adulteration   and misbranding of   canned   cherries.     IT.   S.   v.   40
Cases of Canned Cherries. Decree of condemnation, forfeiture, 
and destruction.    (F. & D. No. 16821.    I. S. No. 549-t.    S. No. C-3806.)
On September 19, 1922, the United States attorney for the Northern Dis- 
trict of Ohio, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel praying the 
seizure and condemnation of 40 cases of canned cherries at Tiffin, Ohio, 
alleging that the article had been shipped by Mikesell & Co. from Traverse 
City, Mich., on or about July 13, 1922, and transported from the State 
of Michigan into the State of ,Ohio, and charging adulteration and misbrand- 
ing in violation of the food and drugs act as amended. The article was 
labeled in part: "Grand Traverse Brand * * * Red Pitted Sour Cherries 
in Juice Contents Number 2 Can 1 Lb. 3 oz. Number 10 Can 6 Lbs. 9 oz. 
*    *    *    Mikesell & Company Traverse City, Michigan."
Adulteration of the article was alleged in the libel for the reason that 
it consisted wholly or in part of decomposed vegetable substance.        '
Misbranding was alleged for the reason that the statement, "Pitted Sour 
Cherries in Juice," was false and misleading and deceived or misled the 
purchaser. Misbranding was alleged for the further reason that the article 
was [food] in package form and the quantity of the contents was [not] 
plainly and conspicuously marked on the outside of the package.
On January 9, 1924, Mikesell & Co., Traverse City, Mich., having filed an 
answer to the libel, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be destroyed by the- 
United States marshal.
HOWARD M. GOEE, Secretary of Agriculture