20641. Misbranding of canned pitted cherries.    U. S. v. 140 Cases of Canned
Cherries, Consent decrees of condemnation and forfeiture. Prod- 
uct released under bond to be relabeled. (F. & D. no. 29304. Sample 
no.  22384-A.)
This action involved the interstate shipment of a product represented to be 
pitted cherries and which was found to consist in part of unpitted cherries. 
The article was packed in a solution that did not contain a sufficient amount of 
sugar to bring the liquid portion up to the standard prescribed by this Depart- 
ment, and was not labeled to indicate that it was substandard.
On November 17, 1932, the United States attorney for the District of Mary- 
land, 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 140 cases of canned cherries, remaining in the original 
and unbroken packages at Baltimore, Md., alleging that the article had been 
shipped in interstate commerce on or about September 12, 1932, by Orrtanna 
Canning Co., from Orrtanna, Pa., to Baltimore, Md., and charging misbranding 
in violation" of the Food and Drugs Act. The article was labeled in part: 
(Can) "Homeland Brand * * * Red Sour Pitted Cherries Packed by Orrtanna 
Canning Co., Orrtanna, Pa."
In was alleged in the libel that the article was misbranded in that the state- 
ment " Pitted Cherries " was false and misleading and deceived and misled the 
purchaser, when applied to a product consisting in part of unpitted cherries. 
Misbranding 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 for such canned food, since the liquid portion of the 
product read less than 16 degrees Brix, and its package or label did not bear a 
plain and conspicuous statement indicating that it fell below such standard.
On December 20, 1932, A. J. Harris & Co., Baltimore, Md., claimant, having 
admitted the allegations of the libel, judgment of condemnation and forfeiture 
was entered, and it was ordered by the court that the product be delivered to 
the claimant upon payment of costs and the execution of a bond in the sum 
of $250, conditioned that it should not be sold or disposed of until relabeled 
so as to conform to the provisions of the Federal Food and Drugs Act.
R. G. TUGWELL, Acting Secretary of Agriculture.