21826. Misbranding of canned cherries, U. S. v. 70 Cases of Canned Cher- 
ries. Default decree of destruction. (F. & D. no. 29912. Sample no. 
28119-A.)
This case involved an interstate shipment of canned cherries which were 
packed in a solution containing insufficient sugar to bring the liquid portion 
up to the standard prescribed by this Department-and which were not labeled 
to indicate that they were substandard.
On March 12, 1933, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 70 cases of canned 
% cherries at Lubbock, Tex., alleging that the article had been shipped in inter- 
state commerce on or about October 3, 1932, by the Ray-Maling Co., from 
Portland, Oreg., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "Ray-Brook Brand Red 
Sour Pitted Cherries * * * Packed by Ray-Maling Co., Inc., Kitchens, 
Hillsboro, Oregon."
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 promul- 
gated by the Secretary of Agriculture for such product, because it was water- 
packed, and its package or label did not bear a plain and conspicuous state- 
ment prescribed by regulation of this Department indicating that it fell below 
such standard.
On July 26, 1933, no claimant having appeared for the property, judgment 
was entered ordering that the product be destroyed by the United States 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.