21662. Adulteration and misbranding of canned cherries.    U. S. v. 90 Cases
of Canned Cherries. Default decree of condemnation, forfeiture, 
and   destruction.      (F.   &  D.   no.   30720.     Sample   no.   38567-A.)
This case involved an interstate shipment of a product which was repre- 
sented to be canned pitted cherries but which was found to contain excessive 
pits.
On July 15, 1933, the United States attorney for the District of Nevada, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 90 cases of canned cherries 
at Boulder City, New, alleging that the article had been shipped in interstate 
commerce on or about February 13, 1933, by John Scowcroft Sons Co. from 
Ogden, Utah, and charging adulteration and misbranding in violation of 
the Food and Drugs Act The article was labeled in part: " Utah Valley 
Brand Water Red Sour Pitted Cherries."
It was alleged in the libel that the article was adulterated in that partly 
pitted water-pack cherries had been substituted for pitted water-pack cherries.
Misbranding was alleged for the reason that the statement, " Red Pitted 
Cherries", borne on the label, was false and misleading and deceived and 
misled the purchaser when applied to partly pitted cherries.
On October 11, 1933, no claimant having appeared for the property, judg- 
ment of condemnation and 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.