22491. Misbranding of canned cherries.    U. S. v. 175 Cases of Canned Cher¬
ries.    Product released under bond to be relabeled.     (F. & D. no.
31617.     Sample no. 56289-A.)
This case involved a shipment of canned cherries which contained excessive 
pits and which were not labeled to indicate that they were substandard.
On or about December 8, 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 175 cases of 
canned cherries at Fort Worth, Tex., alleging that the article had been shipped
in interstate commerce, on or about July 21, 1933, by F. B. Huxley & Son, from 
Ontario, N. Y., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: " Huxson Brand Pitted Red 
Cherries in Water, Packed by F. B. Huxley & Son, Ontario, N. Y."
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, because it contained excessive 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 May 22, 1934, F. B. Huxley & Son, Ontario, N. Y., having appeared as 
claimant for the property, and having admitted the allegations of the libel, 
a decree was entered ordering that the product be released to the claimant 
upon the execution of a bond in the sum of $500, conditioned that it be relabeled 
to meet the requirements of this Department, and that claimant pay costs of 
the proceedings.
M. L. WILSON, Acting Secretary of Agriculture.