21025.  Misbranding of   canned   cherries.      TJ.   S.   v.   40   Cases   of   Canned 
Cherries.    Default decree of forfeiture and destruction.     (F. & D.
no. 29325.    Sample no. 2200-A.)
This case involved a shipment of canned cherries in which the sugar solu- 
tion was of insufficient strength to bring the liquid portion up to the stand- 
ard prescribed by this Department, and which was not labeled to indicate 
that it was substandard.
On November 23, 1932, the United States attorney for the District of 
Idaho, acting upon a report by the Secretary of Agriculture, filed in the 
district court of the United States a libel praying seizure and condemnation 
of 40 cases of canned cherries at Idaho Falls, Idaho, alleging that the article 
had been shipped in interstate commerce, on or about September 3, 1931, 
by the Zion Wholesale Grocery Co., from Salt Lake City, Utah, charging 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: " Kaysville 'Brand Windsor Cherries Pitted Packed by 
Kaysville Canning Corporation Kaysville Utah Contents 100 ozs."
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture, since the liquid portion read less than 16° 
Brix, and its label did not bear a plain and conspicuous statement indicating 
that it fell below such standard.
On March 25, 1933, no claimant having appeared for the property, judgment 
of forfeiture was entered and it was ordered by the court that the product 
be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.