21065. Misbranding of canned cherries.    TJ. S. v. 19 Cases of Canned Cher- 
ries. Default decree of condemnation and forfeiture. Product 
delivered to charitable Institutions. (F. & D. no. 29790. Sample no. 
28102-A.)
This case involved an interstate shipment of canned cherries found to con- 
sist of water-packed cherries which were not labeled as such. The packages 
failed to bear a plain and conspicuous statement of the quantity of the contents.
On February 13,1933, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 19 cases of canned cherries at 
Walsenburg, Colo., consigned by Otoe Food Products Co., alleging that the 
article had been shipped in interstate commerce on or about January 7, 1933, 
from Nebraska City, Nebr., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: (Can) 
" Shepard Brand. Net contents 6 lbs. 8 ozs. [indistinctly stamped over " 1 Lb. 
4 Oz."] pitted Red Cherries. Packed by Otoe Food Products Company, 
Nebraska City, Nebraska."
It was alleged in the libel that the article was misbranded in that it fell 
below the standard of quality and condition promulgated by the Secretary of 
Agriculture for such canned food, because it was water-packed cherries, and 
its package or label did not bear a plain and conspicuous statement prescribed 
by the Secretary, indicating that it fell below such standard. Misbranding was 
alleged for the further reason that the article was in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package, since the statement on the label, " 1 Lb. 4 Oz."' was in- 
correct, and the statement " Net Contents 6 lbs. 8 Oz." was illegible.
On June 5, 1933, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be delivered to a charitable institution.
M. L. WILSON, Acting Secretary of Agriculture.