28859. Misbranding of canned cherries.    U. S. v. 79 Cases of Canned Cherries.
Consent decree ordering release of product under bond.     (F. & D. No.
41809.    Sample No. 15101-D.)
This product fell below the standard established by this Department since 
it contained an excessive number of pits and was not labeled to indicate that 
it was substandard.
On February 21, 1937, the United States attorney for the District of Idaho, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 79 cases- of canned cherries at 
Weiser, Idaho, alleging that the article had been shipped in interstate com-
merce on or about August 3 and September 30, 1937, from Seattle, Wash., 
by the Rogers Co., of Seattle, Wash., and charging misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: "Heep Full 
Brand Red Sour Pitted Cherries * * * Packed by Valley Fruit Canning: 
Co., Puyallup, Wash."
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 for such canned food, since there was present more than 1 
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 Agri- 
culture indicating that such canned food fell below such standard.
On March 8, 1938, the Valley Fruit Canning Co., claimant, having consented 
to the entry of a decree, the product was ordered released under bond condi- 
tioned that it not be disposed of contrary to law.
M. L. WILSON", Acting Secretary of Agriculture.