80871. Misbranding of canned cherries.    IT. S. v. 50 Cases of Red Sour Pitted
Cherries. Consent decree of condemnation. Product released under 
bond to be relabeled or repacked. (F. & D. No. 44619. Sample No. 
41525-D.)
This product was substandard because of the presence of excessive pits, and 
it was not labeled to indicate that it was substandard.
On February 6, 1939, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 50 cases of canned cherries at 
Rock Springs, Wyo.; alleging that on or about October 26, 1938, the Pacific 
Fruit & Produce Co. shipped the said article from Ogden, Utah, to themselves 
at Rock Springs, Wyo., and that it was misbranded in violation of the Food 
and Drugs Act The said 50 cases of canned cherries were purchased by the 
Pacific Fruit & Produce Co. from H. D. Olson of Ogden, Utah, and at the time 
of sale H. D. Olson delivered to the purchaser a guaranty that the product 
complied with the Federal and all State food laws. The article was labeled in 
part: (Can) "Nation's Garden Brand Water Pack Red Sour Pitted Cherries 
*   *   *   Packed For Fine Foods, Inc.    Seattle   Minneapolis."
It was alleged to be misbranded in that it fell below the standard of quality 
and condition promulgated by the Secretary of Agriculture for such canned 
food since there was present more than 1 cherry pit per 20 ounces of net con- 
tents, and its label did not bear a plain and conspicuous statement showing that 
it fell below such standard.
On April 14, 1939, H. D. Olson, claimant, having consented to the entry of a 
decree, judgment of condemnation was entered, and the product was ordered 
released under bond conditioned that it be relabeled or repacked so that it 
would comply with the Federal Food and Drugs Act
M. L. WILSON, Acting Secretary of Agriculture.