28864. Misbranding of canned cherries.    U. S. v. 16 Cases, 9 Cases, and 12 Cases
of Canned Cherries.     Consent decree ordering product released under 
bond.     (F. & D. Nos. 41728, 41729.    Sample Nos. 14871-D, 14872-D.)
This product was packed in water and the labels of two lots did not bear the 
statement prescribed by this Department. The other lot fell below the standard 
for fill of container established by this Department and was not labeled to indi- 
cate that it was substandard.
On or about February 2, 1938, 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 37 cases of canned cherries at 
Wallace, Idaho, alleging that the article had been shipped in interstate commerce 
on various dates between November 17, 1937, and January 5, 1938, from Spokane, 
Wash., by the Roundup Grocery Co., and charging misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: '"Falls Brand * * * 
Pitted Sour Cherries [or "High Tide Brand Red Sour Pitted Cherries"] Packed 
for Roundup Grocery Co., Spokane, Wash."
It was alleged to be misbranded in that it was canned food, and the 16-case 
and the 12-case lots fell below the standard of quality, condition, and fill of con- 
tainer, and the 9-case lot fell below the standard of fill of container, promulgated 
by the Secretary of Agriculture for such canned food, and its labels did not 
indicate that it fell below such standards.
On March 15, 1938, the Roundup Grocery Co., claimant, having consented to 
the entry of a decree, the product was ordered released under bond conditioned 
that it not be disposed of contrary to law.
M. L. WILSON, Acting Secretary of Agriculture.