28125. Misbranding of canned cherries.    IT.  S.  v.  Chehalis Packing Co.    Plea
of guilty.    Fine, $25 and costs.    (F. & D. No. 39765.    Sample No. 36035-C.)
This product contained an excessive number of pits.
On September 24, 1937, the United States attorney for the Western District 
of Washington, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Chehalis Packing Co., a corpora- 
tion, Chehalis, Wash., alleging shipment by the defendant on or about February 
22, 1937, from the State of Washington into the State of California of a quan- 
tity of canned cherries which were misbranded in violation of the Food and 
Drugs Act as amended. The article was labeled in part: "Distributed by Smith, 
Lynden & Co.    San Francisco   *    *    *   Water Pack Red-Sour-Pitted Cherries."
Misbranding was alleged in that the article was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agricul- 
ture, and its package or label did not bear a plain and conspicuous statement 
prescribed by the Secretary of Agriculture indicating that it fell below such 
standard.
On October 14, 1937, a plea of guilty was entered and the defendant was 
sentenced to pay a fine of $25 and costs.
HAEBY L. BROWN, Acting Secretary of Agriculture.