28924. Misbranding of canned  cherries.    U.  S.  v.  139  Cases and 31  Cases of
Canned Cherries. Consent decrees of condemnation. Product released 
under bond for relabeling:. (F. & D. Nos. 41279, 41759. Sample Nos. 
30189-C, 11529-D.)
This product fell below the standard for fill of container established by this 
Department, but was not labeled to indicate that it was substandard.
On December 30, 1937, and February 28, 1938, the United States attorneys 
for the District of Nebraska and the District of Wyoming, acting upon reports 
by the Secretary of Agriculture, filed in their respective district courts libels 
praying seizure and condemnation of 139 cases of canned cherries at Scotts- 
bluff, Nebr., and 31 cases of the product at Casper, Wyo,, alleging that the 
article had been shipped in interstate commerce on or about August 30, 1937, 
from Roy, Utah, by Varney Canning Co., Inc., and charging misbranding in 
violation of the Food and Drugs Act. The article was labeled in part: "Valley 
Home Brand Red Sour Pitted Cherries Packed in Water. Packed for Nash 
Finch Co. Minneapolis, Minn."
It was alleged to be misbranded in that it was canned food and fell below 
the standard for fill of container promulgated by the Secretary of Agriculture 
for such canned food, and its label did not bear a plain and conspicuous state- 
ment indicating that such canned food fell below such standard.
On April 15 and 22, 1938, the Varney Canning Co. having appeared as 
claimant and having consented to the entry of decrees, judgments of condemna- 
tion were entered and the product was ordered released under bond conditioned 
that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.