20060. Misbranding of canned cherries and canned corn. U.S. v. 30 Cases 
of Canned Cherries. Default decree of condemnation, forfeiture, 
and sale. U.S. v. 82 Cases of Canned Corn. Product adjudged 
misbranded   and   ordered   released   under  bond   to   be   relabeled.
(F. & D. Nos. 28484, 28485.    Sample Nos. 2386-A, 2397-A.)
These actions involved shipments of canned cherries and canned corn, re- 
spectively. Sample cans, examined from both lots, were found to contain less 
than the declared weight. The canned cherries were also found to be below 
the standard for canned cherries promulgated by this Department and were 
not labeled to show that they were substandard.
On July 21, 1932, the United States attorney for the District of New Mexico, 
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 con- 
demnation of 30 cases of canned cherries at Las Vegas, N.Mex., and 82 cases 
of canned corn at Albuquerque, N.Mex. It was alleged in the libels that the 
articles had been shipped in interstate commerce by the Otoe Food Products Co., 
of Nebraska City, Nebr., the canned corn having been shipped on or about 
October 29, 1930, from Hamburg, Iowa, to Albuquerque, N.Mex., and the canned 
cherries having been shipped on or about November 21, 1931, and March 3, 
1932, from Nebraska City, Nebr., to Las Vegas, N.Mex., and that they were mis- 
branded in violation of the Food and Drugs Act as amended. The articles were 
labeled in part: "Nature's Best Otoe Brand Pitted Red Cherries Net Weight 
1 Lb. 5 Oz."; and " Pioneer Brand Narrow Grain Sugar Corn Contents 1 Lb. 
in oz."; " Packed By Otoe Food Products Co. Nebraska City, Nebraska."
It was alleged in the libels that the articles were misbranded in that the 
statement " Net Weight 1 Lb. 5 Oz." with respect to the canned cherries, and 
the statement, " Contents 1 Lb. 1% oz.," with respect to the canned corn, were 
false and misleading and deceived and misled the purchaser. Misbranding was 
alleged for the further reason that the articles were in package form and the 
quantities* of the contents were not plainly and conspicuously marked on the 
outside of the packages. Misbranding of the canned cherries was alleged for 
the further reason that the article was canned food and fell below the standard 
of quality and condition promulgated by the Secretary of Agriculture, in that 
the liquid portion read less than 16 degrees Brix, and its label did not bear a 
plain and conspicuous statement as prescribed by the Secretary, indicating that 
the article fell below such standard. Misbranding of the canned cherries was 
alleged for the further reason that the label was false and misleading, since it 
did not apprise the purchaser that the article was water-packed cherries.
On August 22, 1932, no claimant having appeared for the canned cherries, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the article be relabeled "Water-Packed Cherries, Contents One 
Lb.," and sold by the United States marshal. On the same date, the Brown 
Bros. Brokerage Co., having appeared as claimant for the canned corn, a decree 
was entered adjudging the product to be misbranded in that it was short 
weight, and ordering that it be released to the claimant upon payment of costs 
and the execution of a bond in the sum of $375. conditioned that it be relabeled 
" One Lb.", and that it should not be disposed of in violation of the Federal 
Food and Drugs Act and all other laws.
R. G. TTJGWELL, Acting Secretary of Affriculture.