29700. Misbranding of canned cherries.    U. S. v. 97 Cases of Canned Cherries
(and two other seizure actions). Consent decrees of condemnation. 
Product released under bond to be relabeled. (F. & D. Nos. 43052, 43177, 
43178.    Sample Nos. 19569-D, 19570-D, 19582-D.)
This product fell below the standard established by this Department because 
of the presence of excessive pits, and it was not labeled to indicate that it was 
substandard.
On July 13 and August 2, 1938, the United States attorney for the District of 
Minnesota, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 867 cases of canned 
cherries at Duluth, Minn.; alleging that the article had been shipped in inter- 
state commerce in part on or about August 7, 1937, and in part on or about 
April 25, 1938, by H. C. Hemingway & Co. from Lockport, N. Y.; and charging 
misbranding in violation of the Food and Drugs Act The article was labeled 
in part: "Schuyler Pitted Red Cherries [or "Red Sour Pitted Cherries"] 
Distributed by [or "Packed By"] H. C. Hemingway & Co. Auburn Cayuga Co. 
N. Y."
The article 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 Agriculture, since there was present more than 1 cherry pit per 20 ounces of 
net contents, and its package or label did not bear a plain and conspicuous 
statement prescribed by regulation of this Department indicating that it fell 
below such standard.
On September 30, 1938, H. C. Hemingway & Co., claimant, having admitted 
the allegations of the libels, judgments of condemnation were entered and 
the product was ordered released under bond conditioned that it .be relabeled 
in accordance with the law.
M. Ii. WILSON, Acting Secretary of Agriculture.