27185. Misbranding of  canned  cherries.     U.   S.  v.   54  Cases  and  332  Cases  of
Canned Cherries.    Consent decree of condemnation.    Product released 
under bond to be relabeled.     (F. & D. no. 39084.    Sample no. 19448-C.)
This product was substandard because of the presence of an excessive number 
of pits, and it was not labeled to Indicate that it was substandard.
On February 17,1937, the United States attorney for the District of Nebraska, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 386 cases of canned cherries at 
Scottsbluff, Nebr., alleging that they had been shipped in interstate commerce on 
or about October 6, 1936, by the Delta Canning Co., from Delta, Colo., and 
charging misbranding in violation of the Food and Drugs Act as amended. The 
article was labeled in part: (Cans) "Town Talk Water Pack R. S. P. Cherries 
Contents   *    *    *   Packed for The Stone-Hall Co. Denver, Colo."
It 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 Agricul- 
ture, since more than one cherry pit per 10 ounces of net contents was present, 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by.the Secretary of Agriculture indicating that it fell below such standard.
On April 3, 1937, the Delta County Canning Co. having appeared as claimant 
and having consented to the entry of the decree, judgment of condemnation was 
entered and it was ordered that the product be released under bond to be 
relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.