24306. Misbranding of   canned   cherries.    U.   S.   v.   100   Cases   Of   Canned
Cherries. Decree of condemnation. Product released under 
bond for relabeling.     (F. & D. no. 34677.    Sample no. 20457-B.)
This case involved an interstate shipment of canned cherries which fell 
below the standard established by this Department because of the presence 
of excessive pits, and which were not labeled to indicate that they were 
substandard.
On December 27, 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 100 cases of 
cherries at Los Angeles, Calif., alleging that the article had been shipped in 
interstate commerce on or about December 18, 1934, by the Ray-Maling Co., 
from Woodburn, Oreg., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: " Black and 
White Brand Water Pack Red Sour Pitted Cherries * * * Haas-Baruch 
& Co., Los Angeles, Distributors."
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 Secre- 
tary of Agriculture, and its package or label did not bear a plain and conspicu- 
ous statement prescribed by regulation of this Department, indicating that it 
fell below such standard.
On January 11, 1935, the Ray-Maling Co., having appeared as claimant and 
having admitted the allegations of the libel, judgment of condemnation was 
entered and it was ordered that the product be released under bond, conditioned 
that it be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.