22793. Misbranding of canned cberrles.    U. S. v. 64 Cases of Canned Caer- 
uleus.    Decree of condemnation and forfeiture.    Product released 
under bond to be relabeled.     (F. & D. no. 32774.    Sample no. 68391-A.)
This case involved a shipment of canned cherries that fell below the standard 
established by the Secretary of Agriculture because of the presence of excessive 
pits and which was not labeled to indicate that it was substandard.
On May 28,1934, the United States attorney for the District of Massachusetts, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 64 cases of canned cherries at 
Cambridge, Mass., alleging that the article had been shipped in interstate com- 
merce on or about March 21, April 27, and May 11, 1934, by the Geneva Pre- 
serving Co., from Geneva, N. Y., and charging misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: " Rival Red Sour Pitted 
Cherries   *    *    *    Packed for Rival Foods Inc., Cambridge, Mass."
It was alleged in the libel that it was canned food and fell below the stand- 
ard 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 June 20, 1934, the Geneva Preserving Co.. Geneva, N. Y., claimant, having 
admitted the allegations of the libel and having deposited $165 as security in 
lieu of bond, conditioned that the product would not be sold or otherwise dis- 
posed of contrary to the provisions of the Food and Drugs Act, judgment of 
condemnation was entered and it was ordered by the court that the product be 
released to the claimant and that the labels be obliterated and new labels 
affixed describing its true nature.
M. L. WILSON, Acting Secretary of Agriculture.