22693. Adulteration of tomato catsup and misbranding of canned cherries.
V. S. v. Perry Cannimar Co.    Plea of guilty.     Fine, $26.     (F. & D. no.
31475.    Sample nos. 28114-A, 28115-A.)
This case was based on a shipment of tomato catsup which contained exces- 
sive mold, and of a shipment of canned pitted cherries which fell below the 
standard established by the Secretary of Agriculture, because of the presence 
of excessive pits, and which were not labeled to indicate that they were sub- 
standard.
On April 4, 1934, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the district court an infor- 
mation against the Perry Canning Co., a corporation, Perry, Utah, alleging 
shipment by said company in violation of the Food and Drugs Act, as amended, 
on or about August 22, 1932, from the State of Utah into the State of Texas, 
of a quantity of tomato catsup which was adulterated, and a quantity of canned 
cherries which were misbranded. The articles were labeled in part: " Golden 
' Q' Brand Quality Water-Packed Red Sour Pitted Cherries, Perry Canning Co.", 
" Mountain Made Brand Standard Catsup, Packed By Perry Canning Co. Perry. 
Utah."
It was alleged in the information that the catsup was adulterated in that it , 
consisted in whole and in part of a decomposed vegetable substance. 
(
Misbranding of the canned cherries was alleged for the reason that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture, and its package or label did not bear a plain 
and conspicuous statement prescribed by regulations of this Department, indicat- 
ing that it fell below such standard. Misbranding was alleged for the further, 
reason that the statement " Pitted Cherries ", borne on the can label, was false 
and misleading, since the said statement represented that the article consisted 
wholly of pitted cherries; whereas it consisted in part of unpitted cherries.
On June 1, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $26.
M. L. WILSON, Acting Secretary of Agriculture.