30137. Misbranding of  canned  cherries.     XT.   S.   v.   89   Cases   and   19   Cases   of
Cherries. Default decree of condemnation. Product ordered delivered 
to a welfare organization. (F. & D. Nos. 44362, 44363. Sample Nos. 
30945-D, 30946-D.)
This product was substandard because of excessive pits, and it was not 
labeled to indicate that it was substandard.
On November 17, 1938, the United States attorney for the District of Colo- 
rado, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 108 cases of canned cherries 
at Durango, Colo., consigned by Geo. W. Goddard Co.; alleging that the article
had been shipped in interstate commerce in part on or about August 25, 1938, 
and in part on or about October 1, 1938, from Ogden, Utah; and charging 
misbranding in violation of the Food and Drugs Act. A portion of the article 
was labeled in part: "Smith Brand * * * Distributed by Smith Canning Com- 
pany Clearfield, Utah." The remainder was labeled in part: "Gateway 
Brand    *    *    *    Perry Canning Co. Perry   Utah Packers and Distributors."
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 February 10, 1939, no claim having been entered, judgment of condemna- 
tion was entered and the product was ordered delivered to a welfare organization.
HARRY L. BROWN, Acting Secretary of Agriculture.