22417. Misbranding of canned cherries. U. S. v. 10 Cases of Red Sour 
Pitted Cherries. Default decree of condemnation, forfeiture, and 
destruction.     (F.  & D.  no. 32286.    Sample no. 44093-A.)
Sample cans of cherries taken from the shipment involved in this case were 
found to contain less than the labeled weight.
On March 10, 1934, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 10 cases of canned cherries 
at Baltimore, Md., alleging that the article had been shipped in interstate 
commerce, on or about January 2, 1934, by the Alton Canning Co., Inc., from 
Alton, N. Y., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: (Can) "Contents 1 lb. 4 
ozs.    *    *    *   packed by Alton Canning Co., Alton, N. Y."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " Contents 1 lb. 4 ozs.", was false and misleading and 
tended to deceive and mislead the purchaser; and for the further reason that 
it was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package, since the statement 
made was incorrect.
On April 17, 1934, 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 destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.