30197. Misbranding of canned cherries. U. S. v. 25 Cases of Cherries. Default 
decree of condemnation and destruction. (F. & D. No. 44357. Sample 
No. 30937-D.)
This product was substandard because it contained excessive pits, and it was 
not labeled to indicate that it was substandard.
On November 22, 1938, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 25 cases of canned 
cherries at Gallup, N. Mex.; alleging that the article had been shipped in inter- 
state commerce on or about October 1, 1938, by Geo. W. Goddard Co. from 
Ogden, Utah; and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Smith Brand Water Packed Red Sour 
Pitted Cherries * * * Distributed by Smith Canning Company, Clearfield, 
Utah."
It w,as 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 20 ounces of net 
contents, and its package or label did not bear a plain and conspicuous state- 
ment prescribed by regulation of this Department indicating that it fell below 
such standard.
On February 9, 1939, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BEOWN, Acting Secretary of Agriculture.