21113. Misbranding1 of canned cherries.    TJ. S. v. 14 Cases of Canned Cher¬
ries. Default decree of condemnation and forfeiture. Product 
delivered to charitable institutions. (F. & D. no. 29784. Sample no. 
28101.)
This case involved an interstate shipment of canned cherries, found to con- 
sist of water-packed cherries which were not labeled as such.
On February 13, 1933, the United States attorney for the District of 
Colorado, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 14 cases of canned 
cherries at Walsenburg, Colo., consigned by Western Oregon Packing Corpora- 
tion, alleging that the article had been shipped in interstate commerce on or 
about December 30,1932, from West Salem, Oreg., and charging misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in 
part: (Cans) "Mountainview Brand Packed by Brownsville Canning Com- 
pany, Corvallis, Oreg.    Solid Pack Pitted Red Cherries."
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 such canned food, because it was water-pack 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 statement on the label, " Solid Pack" 
when applied to a product packed in water, was false and misleading and 
deceived and misled the purchaser thereof.
On June 5, 1933, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be delivered to a charitable institution.
M. L. WILSON, Acting Secretary of Agriculture.