22894. Misbranding of canned cherries.   U. S. v. 60 Cases of Canned Cher¬
ries.   Default   decree   of   condemnation,   forfeiture,   and   destruc- 
tion.   (F. & D. no.  82384.    Sample no.  60818-A.")
This case involved a product labeled, " Pitted Cherries", which fell below 
the standard established by this Department because of the presence of ex- 
cessive pits, and which were not labeled to indicate that they were substandard,
On March 16, 1934, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 60 cases of canned 
cherries at San Francisco, Calif., alleging that the article had been shipped in 
interstate commerce, on or about March 10, 1934, by the Eugene Fruit Growers 
Association, from Portland, Oreg., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: " Mountain 
Home ? * * Water Pack Red Sour Pitted Cherries, Haas Bros., dis- 
tributors."
The article was alleged to be adulterated in that it was canned food, and 
fell below the standard of quality and condition promulgated by the Secretary 
of Agriculture, because it contained an excessive number of pits, and its 
package or label failed to bear a plain and conspicuous statement prescribed 
by regulation of this Department, indicating that it fell below such standard.
On September 27, 1934, no claimant having appeared, judgment of condemna- 
tion and forfeiture was entered, and destruction of the product was ordered.
M. L. WILSON, Acting Secretary of Agriculture.