22285. Adulteration and misbranding of canned cherries. U. S. v. 50 
Cases of Canned Cherries. Default decree of condemnation, for- 
feiture, and  destruction.     (F. & D. no.  32044.     Sample no.  60427-A.)
This case involved a shipment of canned cherries which were found to con- 
tain worms and excessive pits.
On March 2, 1934, the United States attorney for the Southern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 50 cases of canned 
cherries at Tampa, Fla., alleging that the article had been shipped in 
interstate commerce, on or about February 3, 1934, by Reid, Murdoch & Co., 
from Salem, Oreg., and charging adulteration and misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: 
"Red Lily Water Pack Red Pitted Cherries * * * Reid, Murdoch & Co. 
Chicago, Ill."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a filthy vegetable substance.
Misbranding was alleged for the reason that the article was canned food 
and fell below the standard of quality and condition promulgated by the 
Secretary of Agriculture, because of the presence of an excessive number of 
pits, and its package or label did not bear a plain and conspicuous statement 
prescribed by regulation of this Department, indicating that it fell below such 
standard.
On April 27, 1934, no claimant having appeared for the property, judgment 
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. WH-SON, Acting Secretary of Agriculture.