29969. Misbranding of canned cherries.    U. S. v. 182 Cases of Canned Cherries.
Product released under bond to be relabeled.    (F. & D. No. 44360.   Sample 
No. 49681-D.)
This product was substandard because of the presence of an excessive 
number of pits, and it was not labeled to Indicate that it was substandard.
On November 16, 1938, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 182 cases of canned 
cherries at Forth Worth, Tex.; alleging that the article had been shipped in 
interstate commerce on or about August 22, 1938, by Producers Canning Co. 
from Fort Collins, Colo.; and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled In part: "Producer's Brand Water Pack 
Colorado Red Pitted 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 Agricul- 
ture, since there was present more than 1 cherry pit per 20 ounces of net con- 
tents, and its package or label did not bear a plain and conspicuous statement 
indicating that it fell below such standard.
On December 23, 1938, the Producers Canning Co., claimant, having admitted 
the allegations of the libel, the court ordered the product released under bond 
conditioned that it be relabeled in compliance with the law.
HAKEY L. BROWN, Acting Secretary of Agriculture.