29153. Misbranding of canned cherries.     U. S. v. 397 Cases of Canned Cherries.
Decree releasing product under bond for relabeling. (F. & D. No. 42374. 
Sample Nos. 23116-D, 18502-D.)
This product fell below the standard established by this Department because 
it contained excess packing medium, and it was not labeled to indicate that 
it was substandard. 
t
On May 11, 1938, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 397 cases of canned 
cherries at Los Angeles, Calif.; alleging that the article had been shipped in 
interstate commerce on or about March 19, 1938, from Seattle, Wash., by Food 
Associates, Inc.; and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Haas Baruch & Co. Los Angeles, Calif. 
Distributors, Black and White Brand Water Pack Red Sour Pitted Cherries."
It was alleged to be misbranded in that it was canned food and fell below 
the standard of fill of container promulgated by the Secretary of Agriculture, 
since it contained excess packing medium, and its 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 June 15, 1938, the National Fruit Canning Co., claimant, having admitted 
the allegations of the libel, the product was ordered released under bond con- 
ditioned that it be relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.