16650. Misbranding of canned cbei-ries. U. S. v. 25 Cases of Cherries. 
Consent by claimant to entry of decree of condemnation and for- 
feiture. Product ordered released under bond. (F. & D. No. 23363. 
I. S. No. 014929.     S. No. 1525.)
On or about February 4, 1929, the United States attorney for the Eastern 
District of Tennessee, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of tbe United States for said district a libel praying 
seizure and condemnation of 25 cases of canned cherries, remaining in the 
original unbroken packages at Chattanooga, Tenn., alleging that the article 
had been shipped by the Geneva Preserv.ng Co., Geneva, N. Y., on or about" 
October 17, 1928, and transported from the State of New York into the State 
of Tennessee, and charging misbranding in violation of the food 'and drugs act 
as amended. The article was labeled in part: " Ribbon Brand Cherries Con- 
tents 6 Lbs. 10 Oz. Geneva Preserving Company, Geneva, New York."
It was alleged in the libel that the article was misbranded in that the state- 
ment, "Ribbon Brand Cherries, Contents 6 Lbs. 10 Oz.," borne on the label, 
was false and misleading and was intended to deceive and mislead the pur- 
chaser in that the said cans did not contain 6 pounds 10 ounces of the product, 
but contained a less amount. 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 April 25, 1929, the Geneva Preserving Co., Geneva, N. Y., claimant, 
having consented to the entry of a decree of condemnation and forfeiture, and 
having agreed to execute a good and sufficient bond, conditioned that each can 
be weighed and those weighing 7% pounds gross sold under the present label, 
and those weighing less than 7% pounds gross relabeled " Contents 6 lbs.," it 
was ordered by the court that the product be released to the said claimant 
upon payment of costs.
ABTHUB M. HYDE, Secretary of Agriculture.