20483. Misbranding of   canned   cherries.    U.   S.   v.    14   Cases   of   Canned
Cherries.    Default    decree    of    destruction.     (F.    &   D.    no.    28952. 
Sample no. 2877-A.)
This action involved the shipment of a quantity of canned cherries, sample 
cans of which were found to contain less than the weight declared on the 
label.
On September 23, 1932, the United States attorney for the District of Minne- 
sota, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 14 cases of canned cherries, remaining in the original unbroken 
packages at St. Paul, Minn., alleging that the article had been shipped in inter- 
state commerce on or about August 13, 1932, by the Webster Canning & Pre- 
serving Co., from Webster, N.Y., to St. Paul, Minn., and charging misbranding in 
violation of the Food and Drugs Act.   The article was labeled in part:  (Can)
" Checker Brand Water Pack Sour Pitted Red Cherries Contents 1 Lb. 5 Oz. 
Packed by Webster Canning and Preserving Co.   Webster, N.T."
It was alleged in the libel that the article was misbranded in that the state- 
ment " 1 Lb. 5 Oz.", was false and misleading and deceived and misled the 
purchaser. Misbranding was alleged for the further reason that the quantity 
of the contents was not plainly and conspicuously marked on the outside of the 
packages, since the quantity stated was incorrect.
On November 18, 1932, no claimant having appeared for the property, judg- 
ment was entered ordering that the product be destroyed. On December 12, 
1932, an amended decree was entered providing that the cherries be turned over 
to a welfare society.
R. G. TUGWELL, Acting Secretary of Agriculture.