21945. Misbranding of   canned   cherries.    17.   S.   v.   406   Cases   of   Canned
Cherries. Decree of condemnation and forfeiture. Product re- 
leased under bond to be relabeled. (F. & D. nos. 31781, 31782, 31783. 
Sample nos. 66683-A, 66685-A, 66686-A.)
Examination of the canned cherries involved in this case showed that the 
article contained insufficient sugar to bring the sugar content of the liquid 
portion up to the standard established by this Department, and was not labeled 
to indicate that it was substandard.
On December 28, 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 406 cases of canned cherries at 
Pueblo, Colo., consigned by the National Fruit Canning Co., alleging that the 
article had been shipped in interstate commerce on or about October 28, 1933, 
from Seattle, Wash., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: (Cans) "National 
Red [or " Blue"] Brand Pitted Red Sour Cherries Packed by National Fruit 
Canning Co., Seattle."
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 promulgated 
by the Secretary of Agriculture for such canned food, because the liquid portion 
read less than 16 degrees Brix, and the package or label did not bear a plain 
and conspicuous statement prescribed by regulation of this Department indi- 
cating that it fell below such standard.
On February 24, 1934, R. Keith Hall, Denver, Colo., having appeared as 
claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the claimant upon payment of costs
and the execution of a bond in the sum of $2,000,  conditioned that it be 
relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.