21259. Misbranding of   canned   cherries.     U.   S.   v.   600   Cases   of   Canned
Cherries. Consent decree of condemnation. Product released 
under bond to be relabeled. (F. & D. no. 30553. Sample nos. 29507-A, 
29549-A.)
This case involved a shipment of canned cherries which fell below the standard 
established by this Department, since they were water-packed cherries, and 
which were not labeled to indicate that they were substandard.
On June 1, 1933, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 600 cases of canned
cherries at Los Angeles, Calif., alleging that the article had been shipped in 
interstate commerce on or about April 17, 1933, by the Olympia Canning Co., 
from Olympia, Wash., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Golden Ray Brand 
Sour Pitted Cherries."
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 regulation of this Department, indicating that it fell below such standard.
On June 16, 1933, the Pacific Wholesale Grocery Co., Los Angeles, Calif., 
claimant, having admitted the allegations of the libel, judgment of condemna- 
tion was entered, and it was ordered by the court that the product be released 
to the claimant upon payment of costs and the execution of a bond in the sum 
of $1,400, conditioned that it be relabeled under the supervision of this 
Department.
M. L. WILSON, Acting Secretary of Agriculture.