21102. Adulteration and Misbranding of canned cherries.    IT. S. v. Web¬
ster Canning & Preserving  Co.,  Inc.    Plea of guilty.     Fine, S50.
(F. & D. no. 29501.    I. S. nos. 37644, 39545.)
This case was based on an interstate shipment of a product, labeled " Pitted 
Red Cherries ", which was found to consist in part of unpitted cherries.
On March 27, 1933, the United States attorney for the Western District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Webster Canning & Preserving Co., 
Inc., Webster, N. Y., alleging shipment by said company in violation of the 
Food and Drugs Act, on or about February 15, 1932, from the State of New 
York into the State of West Virginia, and on or about March 26, 1932, from 
the State of New York into the State of Maryland, of quantities of canned 
cherries which were adulterated and misbranded. The article was labeled in 
part: (Can) "Pitted Red Cherries." A portion was further labeled: "New 
York State Products Packed by Webster Canning & Preserving Co. Webster, 
N. Y."
It was alleged in the information that the article was adulterated in that 
a substance, red cherries from which the pits had not been removed, had been 
substituted in part for pitted red cherries, which the article purported to be.
Misbranding was alleged for the reason that the statement, " Pitted Red 
Cherries ", borne on the cans, was false and misleading, and for the further 
reason that the article was labeled so as to deceive and mislead the purchaser, 
since it did not consist solely of pitted red cherries, but consisted in part of 
red cherries from which the pits had not been removed.
On May 25, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
M. L. WILSON, Acting Secretary of Agriculture.