24215. Misbranding of   canned   cherries.    TJ.   S.   v.   130   Cases   of   Canned 
' Cherries.    Product released nnder bond to be relabeled.     (F. & D.
no. 32980.    Sample no. 76602-A.)
This case involved an interstate shipment of canned cherries which fell 
below the standard prescribed by the Secretary of Agriculture for such prod- 
ucts, because of the presence of excessive pits, and which was not labeled to 
indicate that it was substandard.
On June 20, 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 130 cases of 
canned cherries at Richmond, Va., alleging that the article had been shipped 
in interstate commerce on or about November 8, 1933, and April 6, 1934, by 
the Geneva Preserving Co;, from Geneva, N. Y., and charging misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in 
part: " Monogram Red Sour Pitted Cherries * * * Water Pack Packed for 
The Staples Grocery Co. Inc. Richmond, Va."
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 for such canned food because it contained an excessive number 
of pits, and its package or label did not bear a plain and conspicuous state- 
ment prescribed by regulation of this Department, indicating that it fell below 
such standard.         "
On January 25, 1935, the Geneva Preserving Co., Geneva, N. Y., having ap- 
peared, as claimant for the property, judgment was entered ordering that the 
product be released to the claimant under bond, conditioned that it be relabeled 
in order to comply with the law.
M. L. WILSON, Acting Secretary of Agriculture.