29110. Misbranding of canned cherries.     U. S. v. 45 Cases of Cherries.     Consent
decree of condemnation.     Product released under bond to be relabeled.
(F. & D. No. 41055.    Sample No. 2476-D.)
This product was short weight.
On February 9. 1938, the United States attorney for the District of Nebraska, 
acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 45 cases of canned cherries at Kearney, 
Nebr.; alleging that the article had been shipped in interstate commerce on or 
about July 17. 1937. by Varney Canning. Inc., from Roy. Utah; and charging mis- 
branding in violation of the Food and Drugs Act as amended.   The article was
labeled in part: "Leota Brand Pitted Red Sour Cherries   *   *   *   Contents 1 Lb. 
2 Oz.    Varney Canning Co. Ogden Utah."
It was alleged to be misbranded in that the statement "Contents 1 Lb. 2 Oz." 
was false and misleading and tended to deceive and mislead the purchaser when 
applied to an article that was short weight; and in that it was food in package 
form and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package, since the quantity stated was not correct.
On June 2,1938, the Kearney Grocery Co., Kearney, Nebr., and William Varney 
Canning Co., claimants, having consented to the entry of a decree, judgment of 
condemnation was entered, and the product was ordered released under bond 
conditioned that it be relabeled under the supervision of this Department.
HARRY L. BROWN, Acting Secretary of Agriculture.