15960. Adulteration   and   misbranding   of   canned   clierries.     U.   S.,   v.   313
Cases, et al., of Cherries. Decrees of condemnation and forfei- 
ture. Product released under bond. (F. & D. Nos. 21743, 22729. I. S. 
Nos. 15933-x, 19084-x.    S. Nos. C-5112, 772.)
On May 17, 1927, and April 24, 1928, respectively, the United States attorney 
for the Eastern District of Michigan, acting upon reports by the Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels praying seizure and condemnation of 262 cases of canned cherries, remain- 
ing unsold in the original packages at Detroit, Mich., consigned by H. C. 
Hemingway & Co., from Lockport, N. Y., alleging that the article had been 
shipped in part September 2, 1926, and in part November 1, 1927, and trans- 
ported from the State of New York into the State of Michigan, and charging 
adulteration and misbranding in violation of the food and drugs act as amended. 
The article was labeled in part: " Schuyler Brand Pitted Red Cherries in 
Juice Contents 1 lb. 3 Oz. H. C. Hemingway & Co., Distributors, 
Auburn    *    *    *, N. Y."
It was alleged in the libels that the article was adulterated in that it con- 
sisted in whole or in part of a filthy, decomposed, or putrid vegetable substance.
Misbranding was alleged with respect to a portion of the product for the 
reason that the statement on the label, " Cherries in Juice," was false and mis- 
leading and deceived and misled the purchaser. Misbranding was alleged with 
respect to the remainder of the said article for the reason that the statement, 
" Contents 1 lb. 3 Oz.," borne on the label, was false and misleading and de- 
ceived and misled the purchaser, and in 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 March 22 and June 23, 1928, respectively, H. C. Hemingway & Co., Inc., 
Syracuse, N. Y., having appeared as claimant for the property and having 
admitted the allegations of the libels, decrees were entered finding the product 
adulterated, and a portion misbranded in that it was labeled with an incorrect 
statement of the net weight, and that the said product should be forfeited and 
condemned. It was ordered by the court that the product be released to the 
said, claimant upon payment of costs and the execution of bonds totaling $2,500, 
conditioned that it should not be sold or otherwise disposed of contrary to law, 
and that such portion as might be designated by this department for destruc- 
tion, after examination by said department, be destroyed under its supervision.
ARTHUR M. HYDE, Secretary of Agriculture.