24868. Misbranding of canned cherries.    V. S. v. 375 Cases of Canned Cher¬
ries. Consent decree of condennatlon. Product released under bond 
to be relabeled. (F. & D. no. 35364. Sample nos. 13069-B, 13090-B, 
26493-B.)
This case involved an interstate shipment of canned cherries which fell below 
the standard established by this Department because of the presence of exces- 
sive pits, and which were not labeled to indicate that they were substandard.
On April 9, 1935, 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 375 cases of canned 
cherries at San Francisco, Calif., alleging that the article had been shipped in 
interstate commerce on or about March 1, 1935, by the Puyallup & Sumner 
Fruit Growers Association, from Tacoma, Wash., and charging misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in 
part: "Mountain Home Brand water pack red sour pitted cherries * * * 
Haas Brothers, San Francisco, Oakland, Fresno, Cal. 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 Secretary 
of Agriculture because of excessive 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 June 7,1935, the Puyallup & Sumner Fruit Growers Association, claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation was entered and it was ordered that the 
product be released under bond conditioned that it be relabeled.
W. R GREGG, Acting Secretary of Agriculture.