30759. Misbranding of canned cherries.    17. S. v. 100 Cases of Canned Cherries.
Decree of condemnation.    Product released under bond for relabeling.
(F. & D. No. 44745.    Sample No. 51196-D.)
This product was substandard because of the presence of excessive pits, and it 
was not labeled to indicate that it was substandard.
On January 31, 1939, the United States attorney for the Southern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed in the district
court a libel praying seizure and condemnation of 100 cases of canned cherries 
at Miami, Fla.; "alleging that the article had been shipped in interstate commerce 
on or about December 29, 1939, by the Washington Packers, Inc., from Tacoma, 
Wash.; and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: "Fruitfnil Brand Water Pack Red 
Sour Pitted Cherries."
Misbranding was alleged in that the article 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 for 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 July 14, 1939, the Washington Packers, Inc., having appeared as claimant 
and having admitted the allegations of the libel, judgment of condemnation was 
entered and the product was ordered released under bond conditioned that it be 
relabeled in part: "Below U. S. Standard Good Food—Not High Grade Water 
Pack Red Sour Partially Pitted Cherries."
HABET L. BROWN, Acting Secretary of Agriculture.