23164. Misbranding of   canned   cherries.     U.   S.   v.   22   Cases   of   Canned
Cherries.    Default decree of condemnation and destruction.     (F. &
D. no. 32572.    Sample no. 47561-A.)
This case involved a shipment of canned cherries that fell below the standard 
established by this Department, because of the presence of excessive pits, and 
which were not labeled to show that they were substandard.
On April 19, 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 22 cases of canned 
cherries at San Francisco, Calif., alleging that the article had been shipped in 
interstate commerce, from Portland, Oreg., on or about March 16, 1934, by the 
Eugene Fruit Growers Association, of Eugene, Oreg., and charging misbranding 
in violation of the Food and Drugs Act as amended. The article was labeled 
in part: "Above par brand   *    *   *   Water Pack Red Sour Pitted Cherries."
The article was alleged to be misbranded in that it was canned food and fell 
below the standard of quality and condition promulgated by the Secretary of 
Agriculture, because it consisted of partially pittted cherries, 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 November 1,1934, no claimant having appeared, judgment of condemnation 
was entered and destruction of the product was ordered.
M. L. WILSON, Acting Secretary of Agriculture.