29913. Misbranding of canned cherries.   U. S. v. 1,067 Cases of Canned Cherries.
Consent decree of condemnation. Product released under bond to be 
relabeled.   (F. & D. No. 44250.   Sample No. 10446-D.)
This product was substandard because the fruit was not pitted since there 
was present more than 1 cherry pit per each 20 ounces of net contents, and 
it was not labeled to indicate that it was substandard.
On or about November 4, 1938, the United States attorney for the Southern 
District of Florida, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 1,067 cases 
of canned cherries at Tampa, Fla.; alleging that the article had been shipped 
in interstate commerce on or about August 30, 1938, by the Huber Packing 
Co. from Tacoma, Wash.; and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: "Midfield Brand Water Pack 
R. S. P. Cherries."
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 there was present in each can more than 
1 cherry pit per each 20 ounces of net contents, and its package or label did 
not bear a plain and conspicuous statement prescribed by the Secretary in- 
dicating that it fell below such standard.
On December 9, 1938, Huber Packing Co., Inc., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under bond conditioned that it be relabeled to 
comply with the law.
HARRY L. BROWN, Acting Secretary of Agriculture.