29855. Misbranding of canned cherries. U. S. v. 19% Cases of Canned Cherries. Default decree of condemnation. Product ordered delivered to n charitable institution. (F. & D. No. 42332. Sample Nos. 23020-D, 23026-D.) This product fell below the standard established by this Department because it contained excessive packing medium, and it was not labeled to indicate that it was substandard. On May 13,1988, the United States attorney for the Eastern District of Wash- ington, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 19% cases of canned cherries at Spokane, Wash.; alleging that the article had been shipped in interstate commerce on or about August 23, 1937, by Seiter's, Inc., from Post Falls, Idaho; and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Coeur d Alene Brand Red Sour Pitted Cherries Packed in Water." 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 indicating that It fell below such standard. On December 5,1938, no claimant having appeared, judgment of condemnation was entered, and it was ordered that the labels be removed and the product delivered to a charitable institution. HARRY L. BROWN, Acting Secretary of Agriculture.