22089. Misbranding of   canned   cherries.      U.   S.   v.   Webster   Canning   jfc
Preserving     Co.,     Inc.       Plea     of     nolo     contendere.       Fine,     SIOO.
(F. & D. no. 30242.    Sample nos. 2877-A, 18377-A, 18868-A.)
Samples of canned cherries taken from the shipments on which this case 
was based were found to contain less than the weight declared on the label.
On August 21, 1933, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Webster Canning & Preserving Co., 
Inc., a corporation, Webster, N.Y., alleging shipment by said company, in 
violation of the Food and Drugs Act, on or about August 8, 1932, from "the 
State of New York into the State of Texas, and on or about August 13, 1932, 
from the State of New York into the State of Minnesota, of quantities of canned 
cherries which were misbranded. The article was labeled in part: (Can) 
" Checker Brand Water Pack Sour Pitted Red Cherries * * * Contents 
1 Lb. 5 Oz.    Packed by Webster Canning And Preserving Co., Webster, N.Y."
It was alleged in the information that the article was misbranded in that 
the statement " Contents 1 Lb. 5 Oz.", borne on the can label, was false and 
misleading and for the further reason that the article was labeled so as to 
deceive and mislead the purchaser, since each of a large number of the cans 
contained less than 1 pound 5 ounces of cherries.
On April 9, 1934, a plea of nolo contendere was entered on behalf of the de- 
fendant company, and the court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.