22848. Adulteration and misbranding of maraschino cherries. V. S. v. 406 
Cases and 8 Cases of Cherries. Consent decree of condemnation 
and   forfeiture.     Product   released   under   bond   to   be   relabeled.
(F. & D. no. 33150.    Sample nos. 301-B. 302-B, 335-B, 337-B, 338-B, 339-B, 
391-B.)
This case involved shipments of maraschino cherries that contained unde- 
clared artificial color, flavor, and sulphur dioxide. Portions of the product 
were short weight.
On July 30, 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 414 cases of cherries 
at Los Angeles, Calif., alleging that the article had been shipped in interstate 
commerce, in various shipments in part on or about March 4, March 22, and 
April 5, 1934, by the Falcon Packing Co., Inc., and in part on June 22, 1934, 
by Mawer Gulden Annis, Inc., from New York, N. Y., and charging adulteration , 
and misbranding in violation of the Food and Drugs Act as amended.    The
article was labeled in part: (Bottle) " Newmark Brand Special Extra Mara- 
schino Style Cherries M. A. Newmark & Co., Distributors, Los Angeles, Contents 
3 Oz. Net [or " 5 Oz. Net", " 8 Oz. Net", " 1 Lb. Net ", or " 1 Lb. 12 Oz. Net"]."
It was alleged in the libel that the article was adulterated in that artificially 
colored and flavored cherries containing sulphur dioxide had been substituted 
for natural cherries.
It was further alleged that the article was misbranded in that it was labeled 
so as to deceive and mislead the purchaser, owing to failure to declare added 
artificial color, flavor, and sulphur dioxide. Misbranding was alleged with 
respect to portions of the article for the further reason that the statements, 
" Contents 3 Oz. Net", " Contents 1 Lb. net", and " Contents 1 Lb.. 12 Oz. net", 
were false and misleading and tended to deceive and mislead the purchaser, 
and for the further reason that the said portions were in package form and 
the quantity of the contents was not plainly and conspicuously marked on the 
outside of the package, since the statement made was incorrect.
On August 2, 1934, the Falcon Packing Co., Inc., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be released to the claimant for relabeling, upon the execution of a bond 
in the sum of $1,000, conditioned that it would not be disposed of in violation 
of the Food and Drugs Act.
M. L. WILSON, Acting Secretary of Agriculture.