19409. Misbranding of canned cherries. TJ. S. v. 16 Cases of Canned Cher- 
ries. Decree of condemnation. Product released under bond to 
be relabeled.     (F. & D. No. 27665.    I. S. No. 32183.    S. No. 5737.)
Examination of canned cherries in the shipments herein described showed 
that the article fell below the standard promulgated by the Secretary of Agri- 
culture, in that it consisted of water-packed cherries and was not labeled to 
show that it was substandard.
On January 18, 1932, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 16 cases of canned cherries, remaining in the 
original packages at Roswell, New Mex., alleging that the article had been 
shipped in part on or about October 8, 1931, and in part on or about November 
2, 1931, by Libby, McNeill & Libby, from Rocky Ford, Colo., and had been 
transported in interstate commerce from the State of Colorado into the State 
of New Mexico, and charging misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Cans) "Hostess Brand 
Pitted Red Cherries Packed by Libby, McNeill & Libby, Chicago, U. S. A." 
• It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture for such canned food, in that it was water- 
packed cherries and its package or label did not bear a plain and conspicuous 
statement indicating that it was substandard.
On February 23, 1932, Libby, McNeill & Libby, claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and it was 
ordered by the court that the product be released to the said claimant for 
relabeling upon payment of costs and the execution of a bond in the sum of 
$200, conditioned in part that it should not be sold or disposed of contrary to 
the provisions of the food and drugs act, or the laws of any State, Territory, 
district, or insular possession. It was further ordered that the relabeling be 
conducted under the supervision of this department,
ABTHUB M. HYDE, Secretary of Agriculture.