29321. Misbranding of canned cherries.    U. S. v. 24 Cases of Cherries.    Default
decree of condemnation and destruction.    (F.  & D. No. 43087.    Sample 
No. 18049-D.)
This product was substandard because the cherries were packed in water, 
and it was not labeled to indicate that it was substandard.
On July 16, 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 24 cases of canned 
cherries at Oakland, Calif.; alleging that the article had been shipped in inter- 
state commerce on or about April 29, 1938, by Paulus Bros. Packing Co. from 
Portland, Oreg.; and charging misbranding in violation of the Food and Drugs 
Act. It was labeled in part: "White Tag R. S. P. Cherries * * * Paulus 
Bros. Packing Co. Salem, Oregon."
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 for such canned food, since it was water pack and its package or label 
did not bear the plain and conspicuous statement prescribed by the Secretary 
indicating that it fell below such standard.
On August 29, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.