31102. Misbranding of canned red pitted cherries. V. S. v. 5 Cases of Canned Cherries. Default decree of condemnation. Product ordered delivered to a charitable institution. (F. & D. No. 45604. Sample No. 6214-E.) This product was substandard because of the presence of excessive pits and it was not labeled to indicate that it was substandard. On April 22, 1940, the United States attorney for the District of New Mexico, acting upon a report by the Secretary of Agriculture, filed in the district court a libel against five cases of canned cherries at Albuquerque, N. Mex., alleging that the article had been shipped in interstate commerce on or about September 13, 1939, by Curtiss Clymer from Monte Vista, Colo.; and charging that it was misbranded in violation of the Food and Drugs Act. The article was labeled in part: "Ray Way Brand Water Packed Pitted Cherries Packed by Ray A. Ricketts Co., Canon City, Colo." It 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 Agri- culture 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 state- ment prescribed by the Secretary of Agriculture indicating that it fell below such standard. On May 25, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a'charitable institution. PARTL V. MCNUTT, Administrator.