21307. Misbranding of canned cherries.   17. S. v. 75 Cases of Canned Cher¬
ries.    Default  decree  of forfeiture  and  destruction.     (F.  & D.  no.
30694. ' Sample no. 41938-A.)
This case involved a shipment of canned cherries which were labeled, " Solid 
Pack ", and which were found to be packed in a liquid medium. The article 
fell below the standard for canned cherries, since the sugar solution of the 
liquid portion was low, and it was not labeled to indicate that it was 
substandard.
On July 6, 1933, the United States attorney for the District of Idaho, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 75 cases of canned cherries at Pocatello, 
Idaho, alleging that the article had been shipped in interstate commerce on or 
about November 9, 1931, by the Pacific Northwest Canning Co., from Puyallup, 
Wash., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: "Famous Puyallup Brand Solid 
Pack Pitted Red Sour Cherries * * * Packed by Pacific Northwest Canning 
Company, Puyallup, Washington."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Solid Pack", was false and misleading and deceived and 
misled the purchaser when applied to an article packed in a liquid packing 
medium. Misbranding was alleged for the further reason that the article was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture for such canned food, because the packing 
medium read less than 16 degrees Brix, 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 July 29, 1933, no claimant having appeared for the property, judgment 
of forfeiture was entered, and it was ordered by the court that the product be 
destroyed by the United States marshal.
M. L. WELSON, Acting Secretary of Agriculture.