19623. Misbranding of   canned   cberrles.    U.    S.   v.   25   Cases   of   Canned
Cberrles. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 27673. I. S. No. 32351. 
S. No. 5747.)
Examination of the canned cherries involved in this action showed that the 
article consisted of water-packed cherries, and consequently fell below the 
standard promulgated by the Secretary of Agriculture for canned cherries, 
and was not labeled to show that it was substandard.
On January 16, 1932, the United States attorney for the Northern Dis- 
trict of California, 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 25 cases of canned cherries, remaining in 
the original unbroken packages at San Francisco, Calif., alleging that the 
article had been shipped by the C. S. Kale Canning Co., from Everson, Wash., 
on or about December 12, 1931, and had been transported from the State of 
Washington into the State of California, and charging misbranding in violation 
of the food and drugs act as amended. The article was labeled in part: 
(Can) "Whatcom Brand Red Sour Pitted Cherries * * * C. S. Kale 
Canning Company, Everson, Washington."
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 consisted of 
water-packed cherries and its label did not bear a plain and conspicuous 
statement prescribed by the Secretary, indicating that it fell below such 
standard.
On February 1, 1932, Smith, Lynden & Co., San Francisco, Calif., claimant, 
having admitted the allegations of the libel 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 $64, con- 
ditioned that it be relabeled, and that it should not be sold or otherwise 
disposed of contrary to the provisions of the Federal food and drugs act, 
and all other existing laws.
ARTHUR M. HTDE, Secretary of Agriculture.