80127. Misbranding of canned cherries.    U. S. v. 18 Cases of Cherries.    Default
decree of condemnation and destruction.    (F. & D. No. 43707.    Sample- 
Nos. 3304-D, 3309-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 September 7, 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 18 cases of canned 
cherries at San Francisco, Calif.; alleging that the article had been shipped in 
interstate commerce on or about July 29, 1938, by Huber Packing Co., Inc., from
Tacoma, Wash.; and charging misbranding in violation of the Food and Drugs 
Act The article was labeled in part: "Moon Winks 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, since there was present 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 regulation of this Department indicating that it fell 
below such standard.
On February 8, 1939, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.