22912. Misbranding of canned cherries.   U. S. v. 250 Cases of Canned Cher- 
ries.    Product released under bond to be relabeled.     (F. & D.  no.
32821.    Sample  no.   62433-A.)
This case involved a product, labeled " Pitted Cherries ", that fell below the 
standard established by this Department because of the presence of excessive 
pits, and that was not labeled to indicate that it was substandard.
On June 7, 1934, the United States attorney for the Eastern District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 250 cases of canned 
cherries at Norfolk, Va., alleging that the article had been shipped in inter- 
state commerce, on or about April 26, 1934, by the Geneva Preserving Co., 
from Geneva, N. T., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: (Can) "Ribbon 
Red Sour Pitted Cherries * * * Geneva Preserving Co., Geneva, * * * 
N. T."
It was alleged in the libel that the article was misbranded 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 did not bear a plain and conspicuous statement 
prescribed by regulation of this Department, indicating that it fell below such 
standard.
On July 31, 1934, the Geneva Preserving Co., having appeared as claimant, 
judgment was entered ordering that the product be released under a bond 
conditioned that it be labeled " Partially Pitted Cherries ", and that claimant 
pay costs of the proceedings.
M. L. WILSON, Acting Secretary of Agriculture.