22840. Misbranding of canned cherries. U. S. -v. 250 Gases of Cherries. 
Decree of condemnation. Product released under bond to be 
relabeled.    (F. & D. no. 32967.    Sample no. 38885-A.)
Sample bottles of cherries taken from the shipment involved in this case 
were found to contain less than the labeled weight.
On June 18, 1934, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 250 cases of cherries 
in bottles at Los Angeles, Calif., alleging that the article had been shipped in 
interstate commerce, on or about May 17, 1934, by the Falcon Packing Co., Inc., 
from New York, N. Y., and charging misbranding in violation of the Food, and 
Drugs Act as amended. The article was labeled in part: (Bottle) "Falcon 
Brand Cherries Net Weight 2y2 Ozs. * * * Falcon Packing Co., Inc., Dis- 
tributors, New York."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Net Weight 2% Ozs.", was false and misleading and tended 
to deceive and mislead the purchaser. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was incorrect.
On July 3, 1934, the Falcon Packing Co., Inc., having appeared as claimant 
for the property and having admitted the allegations of the libel, judgment of 
condemnation was entered and it was ordered that the product be released to 
the claimant for relabeling, upon the execution of a bond in the sum of $500. 
On July 19, 1934, the product having been relabeled, the bond was ordered 
exonerated upon payment of costs.
M. L. WILSON, Acting Secretary of Agriculture.