19974. Adulteration and Misbranding of canned pitted red cherries.    V. S.
v. 41 Cases, et al., of Pitted Red Cherries. Default decrees of con- 
demnation, forfeiture, and sale. (Nos. 8137-A, 8138-A. F. & D. Nos. 
28344, 28345.)
These actions involved the interstate shipment of quantities of canned pitted 
red cherries, samples of which were found to contain excessive amounts of pits.
On May 5, 1932, the United States attorney for the Middle District of Penn- 
sylvania, acting upon reports by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid libels praying seizure and 
condemnation of 47 cases of pitted red cherries, remaining in the original un- 
broken packages at York, Pa., alleging that the article had been shipped in 
interstate commerce in various consignments on or about March 26, 1932, by the 
Webster Canning Co. (Webster Canning & Preserving Co. (Inc.)), from Web- 
ster, N. Y., to Baltimore, Md., and were reshipped from Baltimore, Md., on 
April 2, April 15, and April 21, 1932, by A. J. Harris & Co., to York, Pa., and 
charging adulteration and misbranding in violation of the food and drugs act. 
The article was labeled in part: (Cans) "Pitted Bed Cherries * * * 
Packed for A. J. Harris & Co., Baltimore, Md.   *    *    *    Water Pack."
It was alleged in the libels that the product was adulterated in that cherries 
containing excessive pits had been substituted for the article.
Misbranding was alleged for the reason that the statement on the label, 
" Pitted Red Cherries," was false and misleading and deceived and misled the 
purchaser thereof.
On June 30, 1932, no appearance or answer having been entered or filed, judg- 
ment of condemnation and forfeiture was ordered by the court, and it was fur- 
ther ordered and decreed that the word " Pitted " be obliterated from the labels, 
and the product relabeled " Bed Cherries With Excessive Pits," and sold by the 
United States marshal.
HENRY A. WALLACE, Secretary of Agriculture.