28215. Misbranding of canned cherries.     U. S. v. 74 Cases of Canned Cherries.
Consent decree of condemnation. Product released under bond for 
relabeling.    (F. & D. No. 40872.    Sample No. 60566-C.)
This product fell below the standard established by this Department because 
of the presence of excessive pits, and it was not labeled to indicate that it was 
substandard.
On November 18, 1937, the United States attorney for the District of New Mex- 
ico, acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 74 cases of canned cherries at Al- 
buquerque, N. Mex., alleging that the article had been shipped in interstate com- 
merce on or about September 15 and October 8, 1937, from Canon City, 
Colo., by Ray A. Ricketts Co., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: "Rayway 
Brand Packed in Water Red Pitted Cherries Packed by Ray A. Ricketts Co. 
Canon City, Colo."
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 there was present more than one cherry pit per 20 ounces of 
net contents, 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 December 22, 1937, Ray A. Ricketts Co., claimant, having consented to the 
entry of a decree, judgment of condemnation was entered and the product was 
ordered released under bond conditioned that it be relabeled in compliance with 
the law.
HARRY L. BROWN, Acting Secretary of Agriculture.