31041. Misbranding of canned cherries. V. S. v. 948 Cases of Cherries. Consent 
decree of condemnation. Product ordered released under bond to be 
relabeled.    (F. & D. No. 45591.    Sample No. 46850-D.)
This product was substandard because of the presence of excessive pits, and 
it was not labeled to indicate that it was substandard.
On or about February 5, 1940, the United States attorney for the Northern 
District of Illinois, acting upon a report by the Secretary of Agriculture, filed in 
•the district court a libel praying seizure and condemnation of 948 cases of 
canned cherries at Chicago, Ill.; alleging that the article had been shipped in 
interstate commerce on or about August 31, 1939, by Keystone Cooperative Grape 
Association from Erie, Pa.; and charging that it was misbranded in violation of 
the Food and Drugs Act. It was labeled in part: "North East * * * Red 
Sour 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.
On February 28, 1940, Keystone Cooperative Grape Association, claimant, hav- 
ing 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 in compliance with the law.
GBOVEB B. Hnx, Acting Secretary .of Agriculture.