28955. Misbranding of canned cherries.    TJ. S. v. 180 Cases of Canned Cherries.
Default decree of condemnation and destruction. (F. & D. No. 40742. 
Sample No. 60553-C.)
This product fell below the standard established by this Department because 
it contained excessive pits, and it was not labeled to indicate that it was 
substandard.
On November 15, 1937, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 180 cases of canned 
cherries at Amarillo, Tex., alleging that the article had been shipped in inter- 
state commerce on or about August 19,1937, by Ray A. Ricketts Co. from Canon 
City, Colo., and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "O-Joy Brand * * * Red Pitted Cherries 
*   *   *   Packed by Ray A. Ricketts Company."
It 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 Agri- 
culture, in that there was present more than 1 cherry pit per each 20 ounces of 
net contents, and its package or label did not bear a plain and conspicuous 
statement prescribed by the Secretary indicating that it fell below such standard.
On May 23,1938, four cases of the product having been seized and no claimant 
having appeared, judgment of condemnation was entered and the product was 
ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.