20150.  Adulteration of cherries.    U.S. v. 135 Baskets of Cherries.    Default 
decree   of   condemnation,   forfeiture,   and   destruction.     (F.   &   D.
No. 28885.    Sample No. 8469-A.)
This action involved a shipment of cherries which were found to bear arsenic 
in an amount which might have rendered the article injurious to health.
On August 11, 1932, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 135 baskets of cherries, remaining in the 
original unbroken packages at Philadelphia, Pa., alleging that the article had 
been shipped in interstate commerce on or about August 9, 1932, by Albert 
Sutterlein, from Interlaken, N.Y., to Philadelphia, Pa., and charging adultera- 
tion in violation of the Food and Drugs Act.
It was alleged in the libel that the article was adulterated, in that it con- 
tained an added poisonous or deleterious ingredient, arsenic, which might 
have rendered it harmful to health.
On August 31, 1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
R. G. TUGWELL, Acting Secretary of Agriculture,