20801. Slisbrandlngr of canned cherries.   U. S. v. 51 Cases of Canned Cher¬
ries. Consent decree of condemnation and forfeiture. Product 
released under bond to be relabeled. (F. & D. no. 29779. Sample 
no. 2465-A.)
This case involved an interstate shipment of canned cherries in which the 
sugar content of the liquid portion was found to be below the standard 
established by this Department—indicating that the product was water- 
packed—and which was not labeled to show that it was substandard.
On February 6, 1933, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the United States 
District Court a libel praying seizure and condemnation of 51 cases of canned 
cherries at Fort Francis E. Warren, Wyo., alleging that the article had been 
shipped in interstate commerce on or about December 10, 1932, by the Morey 
Mercantile Co., from Denver, Colo., into the State of Wyoming, and charging 
misbranding in violation of the Food and Drugs Act as amended.
It was alleged in the libel that the article was misbranded in that it fell 
below the standard of quality and condition promulgated by the Secretary of 
Agriculture for canned cherries, and its package or label did not bear a plain 
and conspicuous statement prescribed by the Secretary, indicating that it fell 
below such standard. Misbranding was alleged for the further reason that 
the statements on the label, " Silver Brand, Red Pitted Cherries Net Weight 
6 Lbs., 4 Ozs. * * * Packed for and fully guarantee/! by the Morey Mer- 
cantile Co., Denver, Colo.", were false and misleading, since the product con- 
sisted of water-packed cherries and its package or label did not bear a plain 
and conspicuous statement indicating that it consisted of water-packed cherries.
On March 6, 1933, the Morey Mercantile Co., Denver, Colo., having appeared 
as claimant for the property and having consented to the entry of a decree, 
judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the said claimant upon payment 
of costs and the execution of a bond in the sum of $250. conditioned that it 
be relabeled to show its true nature.
R. G. TUGWECL, Acting Secretary of Agriculture.