17131. Adulteration and Misbranding of canned cherries.     V. S. v. 280 Cases
of Canned Cherries. Consent decree of condemnation and forfei- 
ture. Product released under bond. (F. & D. No. 23927. I. S. No. 
09859.    S. No. 2183.)
On August 17, 1929, the United States attorney for the Eastern District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 280 cases of canned cherries, remaining in the original 
unbroken packages at Spokane, Wash., consigned by the Callahan Canning Co., 
Coeur d'Alene, Idaho, alleging that the article had been shipped from Coeur 
d'Alene, Idaho, on or about July 8, 1929, and transported from the State of 
Idaho into the State of Washington, and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part: "Nug- 
get Brand Red Sour Pitted Cherries Packed for Powell-Sanders Co., Spokane,, 
Wash."
It was alleged in the libel that the article was adulterated in that a substance, 
to wit, excessive pits, had been mixed and packed with and substituted in part 
for the said article.
Misbranding was alleged for the reason that the statement, to wit, " Pitted 
Cherries," borne on the label, was false and misleading and deceived and misled 
the purchaser.
On September 9,1929, the Callahan Canning Co., Coeur d'Alene, Idalio, having 
appeared as claimant for the property and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $1,344, conditioned 
in part that it be relabeled in a manner satisfactory to this department.
ARTHUR M. HYDE, Secretary of Agriculture.