31105. Misbranding of canned cherries.    IT. S. v. 96 Cases of Canned Cherries.
Decree   of   forfeiture.     Product   released  under  bond  to  be  relabeled.
(F. & D. No. 45581.    Sample No. 66793-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 2, 1940, the United States attorney for the District of Kansas, 
acting upon a report by the Secretary of Agriculture, filed in the district
court a libel against 96 cases of canned cherries at Hutchinson, Kans., alleging 
that the article had been shipped in interstate commerce on or about August 19, 
1939, by the Western Canning Co. from La Junta, Colo,; and charging that it 
was misbranded in violation of the Food and Drugs Act. The article was 
labeled in part: "Colo-Red Brand Water Pack Red Pitted Cherries."
It was alleged to be misbranded in that it fell below the standard of quality 
and condition promulgated by the Secretary of Agriculture for such canned 
food since the fruit was not pitted, and its package or label did not bear a plain 
and conspicuous statement prescribed by the Secretary of Agriculture indicating 
that it fell below such standard.
On March 12, 1940, the Western Canning Co., having appeared as claimant and 
having admitted the allegations of the libel, judgment of forfeiture was entered, 
and the product was ordered released under bond conditioned that it be 
relabeled under the supervision of the Food and Drug Administration.
PAUL V. MCNUTT, Administrator.
The cases reported herewith, commenced priqr to June 30, 1940, were insti- 
tuted in the United States District Courts by the United States attorneys acting 
upon reports submitted by direction of the Secretary of Agriculture; and those 
commenced on and after that date were similarly instituted upon reports sub- 
mitted by direction of the Federal Security Administrator.
PATJX-V. MCNUTT, Administrator, Federal Security Agency. 
Washington, D. C, March 23, 1942.