28790. Adulteration and misbranding of canned cherries.    U. S. v. 44% and 28
Cases of Canned Cherries (and 1 other seizure action against the same 
product). Portion of product released under bond for relabeling:; re- 
mainder condemned and destroyed. (F. & D. Nos. 40302, 40303. Sample 
Nos. 50791-C, 50792-C.)
This product was contained in No. 10 and No. 2 Kans. Both sizes were sub- 
standard, the former because of excessive packing medium and the latter because 
of excessive pits, and they were not labeled to indicate that they were sub- 
standard.   The product in the No. 10 cans contained worms.
On September 21, 1937, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
libels praying seizure and condemnation of 114% cases containing No. 2 cans 
and 113 cases containing No. 10 cans of cherries at Butte, Mont., alleging that 
the article had been shipped in interstate commerce on or about July 26 and 
August 19, 1937, from Post Falls, Idaho, by Seiter's, Inc., and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: "Coeur D Alene Brand Red Sour Pitted Cherries * * * 
Seiter's, Inc.   Coeur D Alene, Idaho."
The article in the No. 10 cans was alleged to be adulterated in that it con- 
sisted in whole or in part of a filthy vegetable substance. The article in both 
sized cans was alleged to be misbranded in that it was canned food and fell 
below the standard of quality, condition, and fill of container promulgated by 
the Secretary of Agriculture in that the No. 10 cans contained excess packing 
medium and the No. 2 cans contained excessive pits, and the packages or labels 
did not bear a plain and conspicuous statement prescribed by the Secretary of 
Agriculture indicating that it fell below such standard.
On January 5, 1938, Seiter's, Inc., having filed a claim for the product in the 
No. 2 cans and having filed a bond conditioned that the claimant pay costs and 
relabel the goods, the court ordered the said No. 2 cans released. On January 13, 
1938, the product in the No. 10 cans was condemned and ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.