28673. Misbranding of canned cherries.    U. S. v. 17 Cases of Pitted Red Cherries.
Consent decree of condemnation.    Product ordered delivered to chari- 
table institution.    (F. & D. No. 40438.    Sample No. 39832-C.)
This product was substandard because it contained more than 1 cherry pit 
per 20 ounces of net contents, and it was not labeled to indicate that it was 
substandard.
On January 7, 1938, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 17 cases of canned pitted red 
cherries at Laramie, Wyo., alleging that the article had been shipped in 
interstate commerce on or about September 4, 1937, from Denver, Colo., by the 
Morey Mercantile Co., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Silver Band * * * Pitted 
Red Cherries Packed for and Fully Guaranteed by The Morey Mercantile Co. 
Colorado."
It was alleged to be misbranded in that it fell below the standard of quality 
and condition promulgated by the Secretary of Agriculture for such canned 
food, and the cans did not bear labels with a plain and conspicuous statement 
showing that the food contained therein fell below such standard.
On February 16, 1938, the Morey Mercantile Co., claimant, having consented 
to the entry of a decree, judgment of condemnation was entered with pro- 
vision that the claimant might take the product down under bond for relabeling. 
On April 15, 1938, the product was ordered delivered to a charitable institution 
because of failure of the claimant to file release bond.
W. R. GREGG, Acting Secretary of Agriculture.