81043. Misbranding of canned cherries.     U. S. v. 22 Gases of fanned Cherries.
Default decree of condemnation and destruction.    {F. & D. No. 45584. 
Sample No. 70986-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 4, 1940, the United States attorney for the District of Idaho, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 22 cases of canned cherries at 
Pocatello, Idaho; alleging that on or about November 21, 1939, the Zions 
Wholesale Grocery shipped the article to themselves, in their own truck, from 
the Woods Cross Canning Co., of Clearfield, Utah; and charging that it was 
misbranded in violation of the Food and Drugs Act It was labeled in part: 
•'Woods Cross Brand Bed Sour Pitted Cherries * * * Packed by Woods 
Cross Canning Co. Woods Cross, Utah."
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 in that the fruit was not pitted since there was present more 
than 1 cherry pit per 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 February 23, 1940, no claimant having appeared, judgment of condem- 
nation was entered and the product was ordered destroyed.
GROVER B. HILL, Acting Secretary of Agriculture.