27504. Misbranding of canned cherries.     U. S. v.  G7 Cases of Canned Cherries.
Product ordered released under bond to be relabeled.    (F. & D. no. 39241. 
Sample no. 28920-C.)
This product failed to conform to the standard established for canned cherries 
by this Department, because it was packed in water and was not labeled to 
indicate that it was substandard.
On April 1, 1937, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 67 cases of canned cherries at 
Great Falls, Mont, alleging that the article had been shipped in interstate com- 
merce on or about September 4, 1936, by the California Packing Corporation 
from Yakima, Wash., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Baronet Brand Pitted Red Sour 
Cherries Packed for the Cress Packing Co., San Francisco, Calif."
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, since the cherries were packed in water and the 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 7,1937, the Cress Packing Co. having appeared as claimant, judgment 
was entered ordering that the product be released to the claimant under bond, 
conditioned that it be relabeled to show that it was substandard.
M. L. WILSON, Acting Secretary of Agriculture.