16238. Adulteration of   canned   eherries.     U.   S.   v.   200   Cases  .of   Kewpie
Brand Pitted Sour Cherries. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 23359. I. S. No. 05406. 
S. No. 1513.)
Oh January 31, 1929, the United States attorney for the Southern District 
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 seizure 
and condemnation of 200 cases of canned cherries, remaining unsold at Cin- 
cinnati, Ohio, consigned by K. M. Davies Co. (Inc.), Williamson, N. Y., about 
September 20, 1928, alleging that the. article had,been shipped from Williamson, 
N. Y., and transported from the State of New York into the* State of Ohio;-and 
charging adulteration in violation of the food and drugs act. The article was 
labeled in part: " Kewpie Brand Pitted Sour Cherries * * * Packed by 
K. M. Davies Co., Inc., Williamson, N. Y."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a filthy, decomposed, or putrid vegetable substance.
On March 26, 1929, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
B. W. DUNLAP, Acting Secretary of Agriculture.   .