22435. Misbranding of canned  cherries.    U.   S.  -v.  50 Packages  of  Canned
Cherries.    Decree  of   condemnation   and  forfeiture.    Product  re- 
leased under bond.     (P. & D. no. 32421.    Sample no.  60802-A.)
Sample cans of cherries taken from the shipment involved in this case were 
found to contain less than the weight declared on the label.
On April 9, 1934, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 50 packages, each containing 
six cans of cherries, at Boston, Mass.. alleging that the article had been shipped 
in interstate commerce, on or about March 5, 1934, by the Paulus Bros. Packing
Co., from Salem, Oreg., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: (Can) " Johnson's 
Bestovall Brand Choice Pitted Royal Anne Cherries Contents 6 Lbs. 14 Oz. 
H. A. Johnson Co., Boston and New York, Distributors."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the can label, " Contents 6 Lbs. 14 Oz.", was false and misleading and 
tended to deceive and mislead the purchaser. Misbranding was alleged for the 
further reason that the article 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 20, 1934, Paulus Bros. Packing Co., having appeared as claimant for 
the property and having admitted the allegations of the libel, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that the 
product be released to the claimant upon payment of costs and the deposit of 
cash bond in the sum of $150, conditioned that it be properly relabeled.
M. L. WILSON, Acting Secretary of Agriculture.