30504. Misbranding of canned cherries.     U. S. v. 75 Cases of Canned Cherries.
Product ordered released under bond.     (F. & D. No. 44361.    Sample No. 
5681-D.)
This product was substandard because of the presence of excessive pits, 
and it was not labeled to indicate that it was substandard.
On November 17, 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 75 cases of canned 
cherries at Wichita Falls, Tex.; alleging that the article had been shipped 
in interstate commerce on or about August 22, 1938, from Fort Collins, Colo., 
by the Producers Canning Co.; and charging misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: "Highland Brand 
Water Pack Colorado Red Pitted Cherries."
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. A further allegation of misbranding was that the state- 
ment "Red Pitted Cherries" was false and misleading and was calculated to 
deceive the purchaser.
On December 3, 1938, Producers Canning Co. having appeared as claimant 
and having admitted the allegations of the libel, judgment was entered ordering 
that the product be released under bond conditioned that it not be disposed 
of contrary to law.
M. L. WILSON, Acting Secretary of Agriculture.