81047. Misbranding of canned cherries.     U. S. v. 360 Cases of Canned Cherries.
Product   ordered  released  under  bond  for  relabeling.     (F.   &   D.   No.
45579.    Sample No. 47871-D.)
This product was substandard because of the presence of excessive pits, and 
It was not labeled to indicate that it was substandard.
On December 6, 1939, the United States attorney for the Western District 
of Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel against 360 cases of canned cherries; alleging that the 
article had been shipped in interstate commerce on or about September 7, 
1939, by the W. N. Clark Co. from Rochester, N. Y.; and charging that it. 
was misbranded in violation of the Food and Drugs Act. It was labeled in 
part: "Harmony Brand Red Sour Pitted Cherries in Water."
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 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 January 6, 1940, W, N. Clark Co., claimant having admitted the allega- 
tions of the libel, judgment was entered ordering that the product be released 
to the claimant under bond conditioned that it be relabeled under the super- 
vision of this Department
GBOVEB B. HILL, Acting Secretary of Agriculture.