19450. Misbranding of canned cherries.    U. S. v. 46 Cases of Canned Cher- 
ries.    Product  released nnder  bond for relabeling.     (F.  & D.  No.
27643.    I. S. No. 32249.    S. No. 5683.)
The product involved in this action consisted of water-packed cherries labeled 
as cherries in juice. The article therefore fell below the standard promulgated 
by the Secretary of Agriculture for canned cherries, and failed to bear the 
statement required by the Secretary indicating that it fell below such standard.
On January 13, 1932, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 46 cases of canned cherries, remaining in the 
original packages at Clovis, N. Mex., alleging that the article had been 
shipped by Kuner Empson Co., from Brighton, Colo., on or about September 
14, 1931, and had been transported in interstate commerce from the State of 
Colorado into the State of New Mexico, and charging misbranding in viola- 
tion of the food and drugs act. The article was labeled in part: " Fort Collins 
Brand Red Pitted Cherries in Juice Packed by The Fort Collins Canning Co., 
Fort Collins, Cclo."
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, since it was water-packed 
cherries, 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. Misbranding was alleged for the further reason that the state- 
ment "In Juice," borne on the label, was false and misleading and deceived 
and misled the purchaser, in that the product was water-packed cherries.
On March 25, 1932, the Kuner Empson Co., Brighton, Colo., having appeared 
as claimant for the property and having admitted the allegations of the libel, 
judgment was entered ordering that the product be released to the said claim- 
ant upon payment of costs and the execution of a good and sufficient bond, 
conditioned that it should not be sold or disposed of contrary to the Federal 
food and drugs act, or other existing laws, and further conditioned that it be 
relabeled to show that it was water-packed cherries instead of cherries packed 
in juice.
ABTHTJB M. HYDE, Secretary of Agriculture.