22502. Misbranding of   canned   cherries.    TJ.    S.   v.   91    Cases   of   Canned
Cherries.    Product released under bond to be relabeled.     (F. & D.
no. 32077.    Sample no. 61553-A.)
This case involved a shipment of substandard canned cherries which were not 
properly labeled.
On March 3, 1934, 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 91 cases of canned cherries 
at Amarillo, Tex., alleging that the article had been shipped in interstate com- 
merce, on or about January 11, 1931 (1934), by the Green Bay Food Co., from 
Green Bay, Wis., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: " Interurban Pitted Red 
Cherries the J. M. Paver Co., Main Office Chicago."
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 the liquid portion read below 16° Brix, 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by regulation of this Department, indicating that it fell below such 
standard.
On May 10, 1934, the Carlton-Florey Grocery Co., Inc., Amarillo, Tex., claim- 
ant, having admitted that the product was misbranded and having executed a 
bond in the sum of $200, conditioned that the label would be corrected to meet 
the requirements of this Department, judgment was entered ordering that the 
product be released, and that claimant pay costs of the proceedings.
M. L. WILSON, Acting Secretary of Agriculture.