31020. Misbranding of canned cherries.     IT. S. v. 297 Cases of Canned Cherries.
Consent  decree  of  condemnation.    Product  released under  bond for 
relabeling.     (F. & D. No. 45574.    Sample No. 82617-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 13, 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 297 cases of canned cherries 
at Tampa, Fla.; alleging that the article had been shipped in interstate commerce 
on or about August 7, 1939, by the Washington Packers, Inc., from Sumner, 
Wash.; and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Inavale 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 Agricul- 
ture, since there was present therein 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 December 1, 1939, Berger & Rachelson, Inc., Tampa, Fla., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered and 
it was ordered that the product be released under bond, conditioned that it be 
relabeled under the supervision of this Department.
GROVER B. HILL, Acting Secretary of Agriculture.