22541. Misbranding of   canned   cherries.     U.   S.   v.   310   Cases   of   Canned
Cherries.     Decree   of   condemnation   and  forfeiture.     Product  re- 
leased under bond.     (F. & D. no. 32605.    Sample nos. 68243-A, 68254-A.)
This case involved a product represented to be pitted cherries which fell be- 
low the standard established by this Department because of the presence of ex- 
cessive pits and which was not labeled to indicate that it was substandard.
On April 26, 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 310 cases of cherries at 
Somerville, Mass., alleging that the article had been shipped in interstate com- 
merce, on or about January 29 and February 27, 1934, by Reid, Murdoch & Co., 
from Salem, Oreg., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Monarch Pitted Red 
Cherries   *   *   *   Reid, Murdoch & Co., Chicago, Ill."
It was alleged in the libel that the article was misbranded in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture because it consisted of partially pitted cherries, 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by regulation of this Department, indicating that it fell below such 
standard.
On May 28, 1934, Reid, Murdoch & Co., Chicago, Ill., claimant, having ad- 
mitted the allegations of the libel and having paid costs of the proceedings to 
date, judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the claimant upon the execution of 
a bond in the sum of $1,300, conditioned that it be brought into conformity with 
the law under the supervision of this Department, and that claimant pay all 
additional costs and expenses.
M. L. WILSON, Acting Secretary of Agriculture.