28414. Misbranding of canned cberrles.    U. S. v. 108 Cases of Canned Cherries.
Consent   decree   entered.    Product   ordered   released   under   bond   for 
relabeling.     (F. & D. No. 41040.    Sample No. 64001-C.)
This product was substandard because it contained an excessive number of 
pits and was not labeled to indicate that it was substandard.
On December 8,1937, the United States attorney for the District of Idaho, act- 
ing upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 108 cases of canned cherries at Lewis- 
ton, Idaho, alleging that the article had been shipped in interstate commerce on 
or about July 21, August 19, and October 21, 1937, from Portland, Oreg., by the 
Columbia Van & Storage Co., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: "Porto Standard 
Fruit in Water Red Sour Pitted Cherries Packed for Mason Ehrman and Co. 
Main Office Portland Oregon."
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 were present cans containing 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 31, 1937, the Starr Fruit Products Co., Portland, Oreg., claimant, 
having consented to the entry of a decree, judgment was entered ordering that 
the product be released under bond conditioned that it be relabeled.
HABBT L. BROWN, Acting Secretary of Agriculture.