21134. Adulteration and Misbranding of canned cherries. U. S. v. 6% 
Cases of Canned Cherries. Default decree of condemnation and 
forfeiture.    (F. & D. no. 28007.    I. S. no. 39545.    S. no. 6062.)
This case involved an interstate shipment of a product, represented to be 
canned pitted cherries, which was found to contain excessive pits.
On April 16, 1932, the United States attorney for the Southern District of 
West Virginia, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 6% cases of 
canned cherries at Alderson, W. Va., alleging that the article had been shipped 
in interstate commerce on or about February 15, 1932, by the Webster Canning 
& Preserving Co., from Webster, N. Y., and charging adulteration and mis- 
branding in violation of the Food and Drugs Act.
It was alleged in the libel that the article was adulterated in that partially 
pitted cherries had been substituted for pitted cherries.
Misbranding was alleged for the reason that the article was labeled, "New 
York State Products Packed by Webster Canning & Preserving Company, 
Webster, New York, net weight 6 pounds 9 ounces, Pitted Bed Cherries, 
packed in water ", whereas it consisted of partially pitted cherries.
On May 6, 1933, no claimant having appeared for the property, judgment 
was entered ordering condemnation and forfeiture of the product.
M. L. WILSON, Acting Secretary of Agriculture.