162f>4. Adulteration and Misbranding of canned clierries. U. S. v. 100 
Cases of Canned Cberries. Product found adulterated and mis- 
branded, and released under bond. (F. & D. No. 23043. I. S. No. 
01657.    S. No. 1121.)
On or about September 1, 1928, the United States attorney for the Northern 
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 100 cases of canned cherries at Toledo, Ohio, alleging that 
the article had been shipped by the Fredonia Preserving Co., Fredonia, N. Y., 
July 25, 1928, and transported from the State of New York into the State of 
Ohio, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: " Fedora Pitted Cherries * * *. 
Packed by Fredonia Preserving Company, Fredonia, N. Y. Guaranteed to 
Comply with the National and State Pure Food Laws."
It was alleged in the libel that the article was adulterated in that it contained 
worms, mixed and packed with the said article.
It was further alleged in the libel that the article was misbranded in that 
it consisted in part of a filthy vegetable substance, whereas the label bore 
the following false and misleading statement which deceived and misled the 
purchaser: ": Guaranteed to comply with the National and State Pure Food 
Laws."
On October 26, 1928, the Fredonia Preserving Co., Fredonia, N. Y., having 
appeared as claimant for the property, a decree was entered finding the product 
adulterated and misbranded as alleged in the libel, and it was ordered by the 
court that the product be released to the said claimant upon payment of costs 
and the execution of a bond in the sum of $1,100, conditioned in part that the 
claimant make no further disposition of the cherries, or if intending to dispose 
of them1, to first have the wormy and adulterated cherries separated from those 
which did not violate the law, and to have those cherries which were found 
to violate the provisions of the Federal food and drugs act reconditioned at 
its factory at Fredonia, N. Y., the separation and reconditioning to be under 
the supervision of this department, 
'
ARTHUR M. HYDE, Secretary of Agriculture.