18410. Adulteration   and   Misbranding of   canned   cherries.    U.   S.   v.   23
Cases    of   Canned   Cberrles.    Default   decree   of   forfeiture   and 
destruction.     (F. & D. No. 24612.    I. S. No. 013810.    S. No. 2951.)
Samples of canned cherries from the shipment herein described having been 
found to contain an excessive quantity of sugar sirup, the Secretary of Agri- 
culture reported the matter to the United States attorney for the Northern 
District of Ohio.
On March 14, 1930, the United States attorney filed in the District Court 
of the Unitedj States for the district aforesaid a libel praying seizure and 
condemnation of 23 cases of canned cherries at Toledo, Ohio, alleging that 
the article had been shipped by the Van Buren Canning Co., of Hartford, 
Mich., from Chicago, Ill., on July 26, 1929, and had been transported from 
the State of Illinois into the State of Ohio, and charging adulteration and 
misbranding in violation of the food and drugs act. The article was labeled 
in part: (Can) "Van Buren County's Best Brand Red Sour Pitted Cherries in 
Heavy Syrup    *    *    *   Van Buren County Canning Co., Hartford, Michigan."
It was alleged in the libel that the article was adulterated in that it con- 
tained an excessive amount of sugar sirup which had been substituted in part 
for cherries.
Misbranding was alleged for the reason that the statement on the label, 
"Red Sour Pitted Cherries in Heavy Syrup," borne on the label, was false 
and misleading and deceived and misled the purchaser.
On March 7, 1931, no claimant having appeared for the property, judgment 
of forfeiture was entered and it was ordered by the court that the product be 
destroyed by the United States marshal.
ABTHUE M. HYDE, Secretary of Agriculture.