27197. Misbranding of canned cherries.    U. S. v. 200 Cartons of Canned Pitted
Cherries.     Consent  decree  of  condemnation.     Product released under 
bond to be relabeled.     (F. & D. no. 39240.    Sample no. 36035-C.)
This product fell below the standard established by this Department for 
canned pitted cherries, because of the presence of an excessive number of 
pits; and it was not labeled to indicate that it was substandard.
On March 19, 1937, 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 200 cartons of canned 
cherries at San Francisco, Calif., alleging that they had been shipped in inter- 
state commerce on or about February 27, 1937, from Seattle, Wash., by Wash- 
ington Packers, Inc., and charging misbranding in violation of the Food and
Drugs Act as amended. The article was labeled in part: "Distributed by 
Smith, Lynden & Co., San Francisco * * * Extra Value Water Packed Bed 
Sour Pitted Cherries."
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 Agri- 
culture, since more than 1 cherry pit per 10 ounces of net contents was 
present; and its package or label did not bear a plain and conspicuous state- » 
cent prescribed by the Secretary of Agriculture indicating that it fell below 
such standard.
On May 7, 1937, F. B. Smith, J. R Lynden, and F. A. Smith, trading as 
Smith, Lynden & Co., having appeared as claimants and having consented to 
the entry of a decree, judgment of condemnation was entered and the product 
was ordered released under bond to be relabeled under the supervision of this 
Department.
M. L. WILSON, Acting Secretary of Agriculture.