28923. Misbranding of canned cherries.    IT. S. v. 173 Cartons of Canned Cherries.
Decree of condemnation. Product ordered released under bond for re- 
labeling:.    (F. & D. No. 41485.    Sample No. 29700-C.)
This product was substandard because it contained excessive pits and was 
not of standard fill, and it was not labeled to indicate that it was substandard.
On January 20, 1938, the United States attorney for the Northern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 173 cartons of 
red sour pitted cherries at San Francisco, Calif., alleging that the article had 
been shipped in interstate commerce on or about January 4, 1938, by Valley 
Fruit Canning Co. from Seattle, Wash., and charging misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: "Casco Brand 
* * * Red Sour Pitted Water Pack Cherries * * * California Supply 
Company Distributors San Francisco, California."
It 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, since there was present more than 1 cherry pit per 
20 ounces of net contents and the cans were not of standard fill; and the 
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 February 19, 1938, A. M. Beebe Co. having appeared as claimant, judgment 
of condemnation was entered, and the product was ordered released to claimant 
under bond conditioned that it be relabeled under the supervision of this 
Department.
M. L. WILSON, Acting Secretary of Agriculture.